Penright, Carlton Charles

PD-1671-15 PD-1671-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/28/2015 12:00:00 AM Accepted 12/28/2015 1:26:45 PM ABEL ACOSTA IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK AUSTIN, TEXAS CARLTON CHARLES PENRIGHT § § VS . § CASE NO. § THE STATE OF TEXAS § MOTION FOR EXTENSION OF TIME TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS: NOW COMES, the appellant, Carlton Charles Penright, by and through his assistant public defender Jani Maselli Wood, and respectfully moves the Court to grant an additional thirty days to file the petition for discretionary review and for god cause would show: I. Mr. Penright was convicted of sexual assault. He was sentenced to 15 years in prison. The Court of appeals affirmed his case in a published opinion on September 29, 2015. Penright v. State, 01-12-00647-CR, 2015 WL 5770006 (Tex. App.—Houston [1st Dist.] Sept. 29, 2015, no. pet. h.). A motion for reconsideration en banc was timely filed and denied on December 8, 2015. Justice Jennings dissented to the denial of rehearing. II. The petition is due on January 7, 2016. Mr. Penright is requesting an additional thirty days to prepare the petition until February 7, 2016. December 28, 2015 III. Undersigned counsel’s reason for the request is: 12/26/2015 - Brief filed in Rigoberto Monrroy v. State, 01-15-00644-CR 12/17/2015 - Reply brief filed in Carl Lovings v. State, 14-15-00167-CR 12/14/2015 - PDR filed in Ryan Stairhime v. State, 12/12/2015 - Brief filed in Chauncey Seymour v. State, 14-15-00636-CR 12/11/2015 - Cert. petition filed in U.S. Supreme Court in Osmin Peraza v. State of Texas, 15-7367 12/9/2015 - Brief filed in Derek Washington v. State, 14-15-00558, 00559-CR WHEREFORE, PREMISES CONSIDERED, appellant respectfully prays that this Court grant an additional 30 days for the petition for discretionary review. Respectfully submitted, ALEXANDER BUNIN Chief Public Defender Harris County Texas /s/ Jani Maselli Wood _______________________ JANI J. MASELLI WOOD Assistant Public Defender State Bar Number 00791195 Harris County Texas 1201 Franklin, 13th Floor Houston Texas 77002 (713) 368-0001 (713) 368-9278 (Fax) Jani.Maselli@pdo.hctx.net -2- Attorney for Appellant, Carlton Charles Penright CERTIFICATE OF SERVICE Pursuant to Tex. R. App. Proc. 9.5, this certifies that on December 26, 2015, a copy of the foregoing was emailed to the Harris County District Attorney’s Office and emailed to counsel for the state and the State Prosecuting Attorney’s Office (through texfile.com) at the following address: Jessica Akins Assistant District Attorney 1201 Franklin Street, 6th Floor Houston, TX 77002 akins_jessica@dao.hctx.net Lisa McMinn Lisa.McMinn@SPA.texas.gov /s/ Jani J Maselli Wood ___________________________________ JANI J. MASELLI WOOD -3-