PD-0096-15
COURT OF CRIMINAL APPEALS
March 31, 2015
AUSTIN, TEXAS
Transmitted 3/27/2015 3:22:06 PM
Accepted 3/31/2015 2:14:48 PM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
OF THE STATE OF TEXAS
PD-0096-15
MICHAEL JERMAINE WILLIAMS, §
Appellant § On Petition for Review of
v. § No. 14-13-00527-CR
§ Court of Appeals
§ Fourteenth District of Texas
THE STATE OF TEXAS §
Appellee
PETITIONER/APPELLANT’S MOTION TO EXTEND TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
Petitioner/Appellant Michael Jermaine Williams moves for a second 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 June 7, 2013. The court of appeals
affirmed on December 23, 2014. No motion for rehearing was filed.
II. PROCEEDINGS IN THIS COURT
Mr. Williams’s petition was due on March 24, 2015. Two previous extensions
were requested and granted. The petition and appendix were filed today, March 27,
2015.
III. REASONS FOR REQUEST
Since the first extension in this case, counsel has been working hard to catch up
on her docket after missing nearly a month of work due to recurrent medical
problems and multiple doctors’ appointments and tests. Counsel reassigned some of
her cases to other attorneys in the office, and this month, completed and filed a brief
in the case of Reginald Turon Hill v. State, Cause No. 14-14-00376-CR, which was
subject to abatement; and a petition for discretionary review in the case of Charles
Henry Jones v. State, Cause No. PD-0174-15. Counsel also has deadlines in the next two
weeks for the following: petition for discretionary review in John Elsworth Combest v.
State, Cause No. 01-13-00712-CR; brief in In re M.I.S., Cause No. 01-14-00684-CV;
and brief in Nomathemba Y. Sitawisha v. State, Cause No. 01-14-00848-CR. In the
exercise of due diligence, counsel could not complete Mr. Williams’ petition by the
deadline. This motion is not filed for purposes of delay, but so justice may be done.
PRAYER
Mr. Williams respectfully requests that this motion be granted and that the
Court permit an extension of time until March 27, 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
State Bar No. 06210500
1201 Franklin, 13th Floor
Houston Texas 77002
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(713) 368-0016
(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Petitioner/Appellant,
MICHAEL JERMAINE WILLIAMS
CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Motion to Extend Time to File Appellate
Brief 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,
on March 27, 2015.
/s/ Cheri Duncan
_________________________
CHERI DUNCAN
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