PD-0174-15
February 13, 2015
PD-0174-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/12/2015 2:04:12 PM
Accepted 2/13/2015 8:48:49 AM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
OF THE STATE OF TEXAS
PD-___________________
CHARLES HENRY JONES, §
Appellant § On Petition for Review of
v. § No. 01-13-00984-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 October 29, 2013. The court of appeals
affirmed on January 13, 2015. No motion for rehearing was filed.
II. PROCEEDINGS IN THIS COURT
Mr. Jones’s petition is due on February 12, 2015. No previous extensions have
been requested.
III. REASONS FOR REQUEST
In the last 30 days, counsel has missed nearly a week of work with the flu.
Further, counsel provided legal research and argument in a murder trial in Harris
County District Court. Counsel also has been working to complete a brief in the case
of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR, which has no further
extensions and is subject to abatement, as well as briefs in the cases of In re M.I.S.,
Cause No. 01-14-00684-CV, and Nomathemba Y. Sitawisha v. State, Cause No. 01-14-
00848-CR, each of which has had its deadline extended. Finally, counsel is working to
complete a petition for discretionary review in the case of Michael Jermaine Williams v.
State, Cause No. PD-0096-15, which has received one extension with the admonition
that no further extensions would be entertained.
III. FILING OF MOTION
In the exercise of due diligence, counsel could not complete Mr. Jones’s
petition by the deadline. This motion is not filed for purposes of delay, but so justice
may be done.
PRAYER
Mr. Jones respectfully requests that this motion be granted and that the Court
permit an extension of time until March 12, 2015, to file his petition for discretionary
review.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
/s/ Cheri Duncan
______________________________
CHERI DUNCAN
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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,
CHARLES HENRY JONES
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,
February 12, 2015.
/s/ Cheri Duncan
_________________________
CHERI DUNCAN
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