PD-0379-15
PD-0379-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 4, 2015
Transmitted 5/4/2015 2:33:30 PM
Accepted 5/4/2015 4:31:18 PM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
OF THE STATE OF TEXAS
PD- 03379-15
JOHN ELSWORTH COMBEST §
Appellant § On Petition for Review of
v. § No. 01-13-00712-CR
§ Court of Appeals
§ First District of Texas
THE STATE OF TEXAS §
Appellee
PETITIONER/APPELLANT’S MOTION TO EXTEND TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
Petitioner/Appellant Charles Henry Jones, moves for an 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 July 31, 2013. The court of appeals
affirmed on February 26, 2015. No motion for rehearing was filed.
II. PROCEEDINGS IN THIS COURT
Mr. Combest’s petition was due on April 29, 2015. One previous extension was
requested.
III. REASONS FOR REQUEST
Since the court of appeals handed down its judgment, counsel has been working
to complete briefs in In re M.I.S., Cause No. 01-14-00684-CV and Nomathemba Y.
Sitawisha v. State, Cause No. 01-14-00848-CR, both of which are due today and subject
to abatement; a supplement to petition for discretionary review in Michael Jermaine
Williams v. State, Cause No. PD-0096-15; the research and briefing on remand of a
juvenile court’s waiver of jurisdiction that was reversed after appeal of the defendant’s
adult conviction, Jorge Guerrero v. State, Cause No. 14-13-00101-CR; and the investigation
into potential grounds for a motion for new trial in State v. Bo Daniel Shafer, Cause No.
1433928 in the 184th District Court.
III. FILING OF MOTION
In the exercise of due diligence, counsel could not complete Mr. Combest’s
petition by the deadline. This motion is not filed for purposes of delay, but so justice
may be done.
PRAYER
Mr. Combest respectfully requests that this motion be granted and that the Court
permit an extension of time until May 4, 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
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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,
JOHN ELSWORTH COMBEST
CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Motion to Extend Time to File Petition 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, May 4,
2015.
/s/ Cheri Duncan
_________________________
CHERI DUNCAN
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