FILED IN PD-0096-15
COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
February 26, 2015 Transmitted 2/24/2015 9:47:40 AM
Accepted 2/26/2015 3:19:46 PM
ABELACOSTA, CLERK ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS
CLERK
OF THE STATE OF TEXAS
PD-0096-15
MICHAELJERMAINE WIT J JAMS, § vV
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 February 23, 2015. One previous extension
was requested and granted.
III. REASONS FOR REQUEST
In the 30 days since the Court granted Appellant's original extension request,
counsel's health problem has continued. Counsel has missed more than an additional
week of work with flu and other health issues, requiring multiple trips to doctors and
multiple medical tests to untangle various issues. Counsel has reassigned some ofher
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docket to other attorneys in the office, but in the exercise of due diligence, has been
unable to complete Mr. Williams' petition. Counsel also has continued to work to
finish a brief in the case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR,
which now is subject to abatement.
III. FILING OF MOTION
The Court's prior order noted that there would be no further extensions, and
counsel has tried to heed that admonishment, but was been unable to complete Mr.
Williams's petition by the deadline. Mr. Williams respectfully requests that his
attorney's health problem be considered extraordinary circumstances to justify this
extension request. The 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 24, 2015, to file his petition for
discretionary review.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
I si Chen Duncan
CHERI DUNCAN
Assistant Public Defender
Harris County Texas
State Bar No. 06210500
1201 Franklin, 13th Floor
Houston Texas 77002
(713) 368-0016
(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Petitioner/Appellant,
MICHAELJERMAINE 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 February 24, 2015.
I si Cheri Duncan
CHERI DUNCAN