PD-1644-15 PD-1644-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
December 18, 2015 Transmitted 12/18/2015 10:57:14 AM
Accepted 12/19/2015 10:21:35 AM
NO. ______________ ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
ISSAC SMITH Trial Court Number
Appellant 1274984
177th District Court
Harris County, Texas
V.
Court of Appeals Number
THE STATE OF TEXAS 14-14-00139-CR
MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
ISSAC SMITH Appellant, respectfully requests that the Court grant his motion
to extend time to file his petition for discretionary review. In support of said motion,
Appellant would show unto the Court the following:
I.
Appellant’s conviction was affirmed on November 19, 2015 by a panel of the
Fourteenth Court of Appeals in Cause No. 14-14-00139-CR. Appellant’s Petition for
Discretionary Review is due December 19, 2015. This is Appellant's first request for
an extension to file the petitions for discretionary review.
I.
Counsel will not be able to timely file the Petition for Discretionary Review as
she has been working on the following cases in the last thirty days:
1. Investigation and filing of a Motion for New Trial as well as preparation for
a hearing in State of Texas v. Huey Jones, Cause Number 1463572 in the 177th
District Court of Harris County. The trial court granted a new trial on
punishment only on November 23, 2015.
2. Investigation and filing of a Motion for New Trial in State of Texas v. Joshua
Barnett, Cause Number 1451490 in the 230th District Court of Harris
County. Counsel was continuing to investigate and prepare for the hearing.
Counsel was in court numerous times for a portion of the day for the
hearing. The hearing was ultimately denied on December 2, 2015.
3. Investigation into a possible Motion for New Trial in State of Texas v. Daniel
Sanders, Cause Number 1438488 in the 184th District Court of Harris
County. The hearing is set for January 7, 2015. Counsel is meeting with and
obtaining affidavits from numerous witnesses and reviewing medical
records not presented at trial.
4. Counsel filed a brief in Troy Evans v. State of Texas, Cause No. 01-15-00593-
CR on December 17, 2015. If the brief was not filed by December 22, 2015
the Court of Appeals stated it would issue an abatement order.
5. The Appellate Division of the Harris County Public Defender’s Office has
been short staffed requiring each attorney to be assigned more cases than
normal. Two individuals have been hired within the last two weeks and two
of counsel’s cases assigned to these individuals. However, counsel is still
lead counsel and has been supervising these individuals as they prepare the
briefs in those cases.
6. Counsel also has the following briefs or petitions for discretionary review
due in the next thirty days:
a. A brief in Elijah Reed v. State of Texas, 01-15-00481-CR which was due
on December 21, 2015 after two prior 30 day extensions have been
granted.
b. A brief in Jamon Walker v. State of Texas, 14-15-00685-CR which was due
on December 23, 2015 after two prior 30 day extensions have been
granted.
c. A brief in Christopher Cavazos v. State of Texas, 01-15-00781-CR & 01-15-
00782-CR which was due on December 14, 2015 after one prior 30 day
extension has been granted. An extension will be filed today.
III.
An extension of time is necessary so that the petition can be timely filed. This
motion is not made for the purpose of delay.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Honorable Court will grant this requested extension of time to file the Appellant's
Petition for Discretionary Review in the above cause and extend the time for filing the
petition for at least thirty (30) days.
Respectfully submitted,
Alexander Bunin
Chief Public Defender
/s/ Angela Cameron
Angela Cameron
State Bar No. 00788672
Harris County Public Defender’s Office
1201 Franklin 13th Floor
Houston, Texas 77002
Tel: 713-368-0016
angela.cameron@pdo.hctx.net
CERTIFICATE OF SERVICE
I certify that on the 18th day of December 2015 a copy of the foregoing instrument has
been electronically served upon the State of Texas.
/s/ Angela Cameron
Angela Cameron
Smith, Issac
Combined Opinion