Williams, Michael Jermaine

Opinion

PD-0096-15

COURT OF CRIMINAL APPEALS March 31, 2015 AUSTIN, TEXAS

Transmitted 3/27/2015 3:22:06 PM Accepted 3/31/2015 2:14:48 PM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

OF THE STATE OF TEXAS

PD-0096-15

MICHAEL JERMAINE WILLIAMS, § Appellant § On Petition for Review of v. § No. 14-13-00527-CR § Court of Appeals § Fourteenth District of Texas THE STATE OF TEXAS § Appellee

PETITIONER/APPELLANT’S MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW

Petitioner/Appellant Michael Jermaine Williams moves for a second extension

of time to file his petition for discretionary review, under TEX. R. APP. P. 10.5(b).

I. LOWER COURT PROCEEDINGS

Judgment in this case was entered on June 7, 2013. The court of appeals

affirmed on December 23, 2014. No motion for rehearing was filed.

II. PROCEEDINGS IN THIS COURT

Mr. Williams’s petition was due on March 24, 2015. Two previous extensions

were requested and granted. The petition and appendix were filed today, March 27,

2015.

III. REASONS FOR REQUEST

Since the first extension in this case, counsel has been working hard to catch up

on her docket after missing nearly a month of work due to recurrent medical

problems and multiple doctors’ appointments and tests. Counsel reassigned some of

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her cases to other attorneys in the office, and this month, completed and filed a brief

in the case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR, which was

subject to abatement; and a petition for discretionary review in the case of Charles

Henry Jones v. State, Cause No. PD-0174-15. Counsel also has deadlines in the next two

weeks for the following: petition for discretionary review in John Elsworth Combest v.

State, Cause No. 01-13-00712-CR; brief in In re M.I.S., Cause No. 01-14-00684-CV;

and brief in Nomathemba Y. Sitawisha v. State, Cause No. 01-14-00848-CR. In the

exercise of due diligence, counsel could not complete Mr. Williams’ petition by the

deadline. This motion is not filed for purposes of delay, but so justice may be done.

PRAYER

Mr. Williams respectfully requests that this motion be granted and that the

Court permit an extension of time until March 27, 2015, to file his petition for

discretionary review.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Cheri Duncan

______________________________

CHERI DUNCAN Assistant Public Defender Harris County Texas State Bar No. 06210500 1201 Franklin, 13th Floor Houston Texas 77002

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(713) 368-0016 (713) 368-9278 (Fax) cheri.duncan@pdo.hctx.net

Attorney for Petitioner/Appellant, MICHAEL JERMAINE WILLIAMS

CERTIFICATE OF SERVICE

I certify that a copy of Appellant’s Motion to Extend Time to File Appellate Brief was served on the State of Texas by electronic delivery to the Appellate Division of the Harris County District Attorney’s Office and the State Prosecuting Attorney, on March 27, 2015. /s/ Cheri Duncan

_________________________

CHERI DUNCAN