Nickerson, Johnathan Ross

PD-0981-15 July 30, 2015 PD-0981-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/29/2015 1:40:21 PM Accepted 7/30/2015 2:38:55 PM FIRST COURT OF APPEALS NO. 01-14-00096-CR ABEL ACOSTA CLERK TRIAL COURT CASE NO. 1238640 STATE OF TEXAS § TEXAS COURT § VS. § OF § JOHNATHAN ROSS § CRIMINAL APPEALS NICKERSON MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JUSTICES OF SAID COURT: Now comes JOHNATHAN ROSS NICKERSON, Appellant in the above styled and numbered cause, and moves this Court to grant his request to extend time to file the Petition for Discretionary Review, pursuant to Rule 10.5(b) ofthe Texas Rules ofAppellate Procedure, and for good cause shows the following: 1. This case is on appeal from the 177th Judicial District Court of HARRIS County, Texas. 2. The case below was styled the STATE OF TEXAS vs. JOHNATHAN ROSS NICKERSON, and numbered 1238640 . 3. Appellant was convicted of Capital Murder and sentenced to life without parole on October 30, 2013. 4. Notice of appeal was given on January 27, 2014. 5. The Court ofAppeals affirmed the conviction ofMr. Nickerson on June 30,2015. 6. The deadline to file a Petition for Discretionary Review is on orbefore July 30, 2015. 7. Appellant relies on the following facts as good cause for the requested extension: a. Shortly after the judgement was received, Mr. Nickerson was provided notice of the Court's decision to affirm his conviction of Capital Murder and his sentence of life in prison. b. On July 23,2015, the undersigned met with the family to discuss Mr. Nickerson's options. After informing them of the costs and the procedure surrounding a PDR, the family informed counsel that they were going to try and work on obtaining the money to hire counsel to prepare the PDR. c. As of the date of this motion, counsel has not been retained to represent Mr. Nickerson further, but decided to file this motion in order to receive additional time for the family to determine ifthey are able to hire counsel to file a PDR. d. Counsel would ask this Court to grant Mr. Nickerson of 60 days in Order to prepare and file a PDR with the Court of Criminal Appeals, either through counsel or pro-se. e. This is the last action filed on Mr. Nickerson's behalf by the undersigned. 8. This request is not for delay, but rather, to adequately prepare the petition in the interests ofjustice. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion To Extend Time To File Petition For Discretionary Review, and for such other and further relief as the Court may deem appropriate. Respectfully submitted, Law Offices, Andre' L. Ligon P.C. Attorneys at Law 1314 Texas Ave. #1500 Houston, Texas 77002 Tel: (713) 662-2500 Fax:(713)222-0252 Rv •/i"'' FIRST COURT OF APPEALS NO. 01-14-00096-CR TRIAL COURT CASE NO. 1238640 STATE OF TEXAS § TEXAS COURT § VS. § OF § JOHNATHAN ROSS § CRIMINAL APPEALS NICKERSON ORDER GRANTING APPELLANT MOTION TO EXTEND TIME TO FILE PETITION FOR DISCRETIONARY REVIEW On , 2015, the Court considered the Appellant's Motion To Extend Time To File PetitionFor Discretionary Review and after due consideration, hereby GRANTS the Appellant's Motion. It is Ordered that Johnathan Ross Nickerson has until 2015 to file a Petition for Discretionary Review if he so chooses too. Date: , 2015. JUDGE PRESIDING APPROVED: Bv.TlS1/ Andre' L. Lison Andre' L. Ligon State Bar No. 00797840 1314 Texas Ave. #1500 Houston, Texas 77002 Tel: (713) 662-2500 Fax:(713)222-0252 Attorneys for JOHNATHAN ROSS NICKERSON