Johnson, Jimmie

PD-1631-14&PD-1632-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/27/2015 10:41:31 PM
No. PD-1631-14 & PD-1632-14 Accepted 5/28/2015 3:37:11 PM
ABEL ACOSTA
^S==BSHB!H===H CLERK
In The

Court of Criminal Appeals
At Austin

JIMMIE JOHNSON,
Appellant
v.

The State of Texas
Appellee

Cause numbers 1346765 & 1366083
In the 338th Judicial District Court
Of Harris County, Texas

Cause numbers 01-13-01056-CR & 01-13-01057-CR
In the Court of Appeals for the First Judicial District

Appellant's Motion to Recall Mandate and to file
Petition for Discretionary Review

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

JIMMIE JOHNSON, the appellant moves this Court to recall the mandate issued

by the First Court of Appeals and file his petition for discretionary review. In support of
his motion, the appellant submits the following: FILED IN
COURT OF CRIMINALAPPEALS

May 28, 2015

ABEL ACOSTA, CLERK
 (A) The appellant's Petition for Discretionary Review was due in this Court on
January 14, 2015. The First Court of Appeals issued mandate on February
27,2015.
(B) The appellant sought an extension of time until March 4, 2015, to file the
appellant's petition for discretionary review. The motion requested
additional time based on counsel's illness and hospitalization that
incapacitated counsel and rendered it impossible for her to timely file the
petition. This Court received the petition but denied the motion for an
extension of time and did not file the petition.
(C) Because counsel fell ill and was unable to timely the appellant's petition,
the appellant has been denied the opportunity to have this Court consider
his petition for discretionary review. The appellant should not be
prejudiced due to counsel's illness.
(D) Based on the foregoing, the undersigned counsel requests this Court recall
the mandate issued by the First Court of Appeals and file the previously
received Petition for Discretionary Review.

WHEREFORE, the appellant prays that this Court will Recall Mandate and file

Petition for Discretionary Review.

Respectfully submitted,

/s/ Kelly Smith
Kelly Ann Smith

Certificate of Compliance & Service

Pursuant to TEX. R. APP. P. 9.5, this certifies that this document contains 290

words and a copy of the foregoing was electronically served on the State of Texas.

/s/ Kelly Smith
Kelly Ann Smith
Texas Bar No. 00797867

P.O. Box 10751
Houston, TX 77206
281-734-0668
Kelly.A.Smith.06@gmail.com

Counselfor the appellant