PD-1253-15 PD-1253-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/22/2015 7:57:54 AM Accepted 9/24/2015 2:17:28 PM ABEL ACOSTA IN THE TEXAS COURT OF CRIMINAL APPEALS CLERK AUSTIN, TEXAS JIMMY EARL VAN-CLEAVE § § 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, Jimmy Earl Van-Cleave, by and through his assistant public defender Jani J. Maselli Wood, and respectfully moves the Court to grant an additional thirty days to file the petitions for discretionary review and for good cause would show: I.

Mr. Van-Cleave was convicted of aggravated kidnaping and sentenced to life imprisonment. His conviction was affirmed on August 27, 2015 in an unpublished opinion in Cause Number 14-1400473-CR. A motion for rehearing was denied on September 16, 2015.

II.

The petitions is due October 16, 2015. Mr. Van-Cleave is requesting an additional thirty days to prepare the petition until November 15, 2015.

September 24, 2015 III.

Undersigned counsel has numerous deadlines in the next thirty days and has been working diligently to handle all her cases: Briefs due: Mario Dunn v. State, 14-15-00340-CR, due September 26, 2015; Derek Washington v. State, 14-15-00558, 00559-CR, due October 8, 2015; Chauncey Seymour v. State, 14-15-00636-CR, due October 12, 2015; Rigoberto Monnroy v. State, 01-15-00644-CR, due October 14, 2015; Isai Mares v. State, 14-15-00536-CR, due October 21, 2015 Trial Setting Counsel is set for trial in Jason Harrison v. State, in the 179th district court on October 8, 2015. Pretrial conference was held September 10, 2015.

New Cases Counsel has been appointed two very complicated cases in the last two weeks.

She is diligently working on a motion for new trial due on October 1, 2015.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully prays that this Court grant an additional 30 days to file the petition for discretionary review.

-2- Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas /s/ Jani J. Maselli Wood ___________________________________ JANI J. MASELLI WOOD State Bar No. 00791195 1201 Franklin Street, 13th Floor Houston, TX 77002 (713) 274-6721 Attorney for Appellant, Jimmy Earl Van-Cleave

CERTIFICATE OF SERVICE Pursuant to Tex. R. App. Proc. 9.5, this certifies that on September 22, 2015, a copy of the foregoing was emailed to Lisa McMinn, State Prosecuting Attorney, and the Harris County District Attorney’s Office through texfile.com at the following address: Carly Dessauer Assistant District Attorney 1201 Franklin Street, 6th Floor Houston, TX 77002 [email protected] Lisa McMinn [email protected] /s/ Jani J. Maselli Wood ___________________________________ JANI J. MASELLI WOOD -3-