PD-0379-15
PD-0379-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
April 2, 2015 Transmitted 4/2/2015 1:53:55 PM
Accepted 4/2/2015 2:03:47 PM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
OF THE STATE OF TEXAS
PD-___________________
JOHN ELSWORTH COMBEST §
Appellant § On Petition for Review of
v. § No. 01-13-00712-CR
§ Court of Appeals
§ First District of Texas
THE STATE OF TEXAS §
Appellee
PETITIONER/APPELLANT’S MOTION TO EXTEND TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
Petitioner/Appellant Charles Henry Jones, moves for an 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 July 31, 2013. The court of appeals
affirmed on February 26, 2015. No motion for rehearing was filed.
II. PROCEEDINGS IN THIS COURT
Mr. Combest’s petition was due on March 30, 2015. No previous extensions
have been requested.
III. REASONS FOR REQUEST
Since the court of appeals handed down its judgment, counsel has filed a brief
in Reginald Hill v. State, Cause No. 14-14-00376-CR; a petition for discretionary review
in Charles Henry Jones v. State, cause NO. PD-0174-15; and a petition for discretionary
review in Michael Jermaine Williams v. State, Cause No. PD-0096-15. Counsel also is
working to complete a brief in In re M.I.S., Cause No. 01-14-00684-CV; a brief in
Nomathemba Y. Sitawisha v. State, Cause No. 01-14-00848-CR; and a brief in Christopher
Rashad Frazier v. State, Cause No. 14-15-00118-CR.
III. FILING OF MOTION
In the exercise of due diligence, counsel could not complete Mr. Combest’s
petition by the deadline. This motion is not filed for purposes of delay, but so justice
may be done.
PRAYER
Mr. Combest respectfully requests that this motion be granted and that the
Court permit an extension of time until May 1, 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
(713) 368-0016
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(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Petitioner/Appellant,
CHARLES HENRY JONES
CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Motion to Extend Time to File Petition 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, April 2,
2015.
/s/ Cheri Duncan
_________________________
CHERI DUNCAN
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Combest, John Elsworth
Combined Opinion