Johnson, Jimmie

PD-1631-14&PD-1632-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/27/2015 10:41:31 PM No. PD-1631-14 & PD-1632-14 Accepted 5/28/2015 3:37:11 PM ABEL ACOSTA ^S==BSHB!H===H CLERK In The Court of Criminal Appeals At Austin JIMMIE JOHNSON, Appellant v. The State of Texas Appellee Cause numbers 1346765 & 1366083 In the 338th Judicial District Court Of Harris County, Texas Cause numbers 01-13-01056-CR & 01-13-01057-CR In the Court of Appeals for the First Judicial District Appellant's Motion to Recall Mandate and to file Petition for Discretionary Review TO THE HONORABLE COURT OF CRIMINAL APPEALS: JIMMIE JOHNSON, the appellant moves this Court to recall the mandate issued by the First Court of Appeals and file his petition for discretionary review. In support of his motion, the appellant submits the following: FILED IN COURT OF CRIMINALAPPEALS May 28, 2015 ABEL ACOSTA, CLERK (A) The appellant's Petition for Discretionary Review was due in this Court on January 14, 2015. The First Court of Appeals issued mandate on February 27,2015. (B) The appellant sought an extension of time until March 4, 2015, to file the appellant's petition for discretionary review. The motion requested additional time based on counsel's illness and hospitalization that incapacitated counsel and rendered it impossible for her to timely file the petition. This Court received the petition but denied the motion for an extension of time and did not file the petition. (C) Because counsel fell ill and was unable to timely the appellant's petition, the appellant has been denied the opportunity to have this Court consider his petition for discretionary review. The appellant should not be prejudiced due to counsel's illness. (D) Based on the foregoing, the undersigned counsel requests this Court recall the mandate issued by the First Court of Appeals and file the previously received Petition for Discretionary Review. WHEREFORE, the appellant prays that this Court will Recall Mandate and file Petition for Discretionary Review. Respectfully submitted, /s/ Kelly Smith Kelly Ann Smith Certificate of Compliance & Service Pursuant to TEX. R. APP. P. 9.5, this certifies that this document contains 290 words and a copy of the foregoing was electronically served on the State of Texas. /s/ Kelly Smith Kelly Ann Smith Texas Bar No. 00797867 P.O. Box 10751 Houston, TX 77206 281-734-0668 Kelly.A.Smith.06@gmail.com Counselfor the appellant