No. PD-1233-14 IN THE COURT OF CRIMINAL APPEALS OF TEXAS DONNA GAYLE HOLCOMB 

## Petitioner, i^EuL. GOURTOFCRliNALAPPEAlB 

## V'

- MAR 302015 

## THESTATEOFTEXAS ;,'_ Ab@?ACOSti,GiSfk Respondent


### PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILfflLED IN PETITION FOR DISCRETIONARYREVIEWAND NOTlCECXDiTEeO^^ALAPPEALS 

### OF PETITION FOR DISCRETIONARYREVIEW Ar_., „„ APR 01 201b
; Abol Aooota, Clerk 

### On Appeal from the First Court ofAppeals in Cause No. 01 -08-00337-CR and from the 230th District Court ofHarris County, Texas in Cause No. 1141352

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS: 

### COMES NOW, DONNA HOLCOMB, Petitioner in the above-entitled 

### appeal and files this, her Motion for Extension of Time to File Petition for Discretionary Review ("PDR") and Notice ofFiling of Petition for Discretionary Review and insupportthereofwould showthe Court thefollowing:I. INCORPORATIONS 1. Petitioner incorporates by reference Petitioner's Motion to Extend 

### Time to File Petitionfor Discretionary Review and Requestfor the Court to Order Jerome Godinich to Return Petitioner's File filed with this Court under the mailbox rule on or about January 6, 2015.
II. SUMMARY 

### 2. Petitioner was convicted ofsecond degree theft on or about April 14, 2008 in Cause No. 1141352 styled State ofTexas v. Donna Gayle Holcomb in the 230th District Court ofHarris County, Texas. Petitioner was sentenced to 11 years 

### in the Texas Department of Criminal Justice ("TDCJ"). Petitioner appealed the jury verdict on both guilt and punishment. 3. On February 16, 2012, the First Court of Appeals ("First Court") 

### affirmed the jury verdict as to guilt but overturned and remanded the case to the trial court for a new punishment trial. The First Court abated the appeal on or about March 22, 2012. 4. On May 2, 2012, Jerome Godinich ("Godinich") was appointed as Petitioner's attorney on appeal in the First Court and for the re-trial of the 

### punishment phase. Godinich spoke with Petitioner once on the phone, saying he would call her back later to make an appointment with Petitioner, and never called her back for two years.

### 5. On April 8, 2014, the First Court reinstated the appeal. 

### 6. On April 30, 2014, at Petitioner's only meeting with Godinich in two 

### years, Godinich tried to get Petitioner to let the appeal and the retrial of the punishment phase go arguing that the First CourtofAppeals had lostjurisdiction and theretrial ofthepunishmentphase wasunnecessary and should never behad. 7. On May 8, 2014, due to Godinich lack of response to Petitioner's 

### requests, Petitionerwas forced tofile apro seMotion forExtension ofTime which was granted by the First Court. Further, Petitioner also included a notice that she was terminating Godinich as her attorney. At that point, the First CourtofAppeals 

### had recognized Petitioner's pro se status, however, the First Court allowed Godinich to continue effectively allowing Petitioner to have hybrid representation, something Petitionerdid not want. 

### 8. On August 28, 2014, the First Court withdrew their original opinion 

### and judgment and reissued a new opinion and judgment which restarted the appellate deadlines for moving for rehearing. 

### 9. On September 12, 2014, Petitioner filed a Motion for Extension of Time to File Motionfor Rehearing and/orMotion for En Banc Reconsideration 

### andMotion To ProceedonAppeal Pro Sewith the First Court under the mailbox rule. Unbeknownst to Petitioner at the time, Godinich, without authority fromPetitioner, filed a motion to extend time to file a PDR with this Court on September 12, 2014, when a PDR was noteven due until September 27, 2014. 10. On October 30, 2014, the First Court denied Petitioner's motion to 

### proceed pro se because Godinich had filed a PDR with this Court and the First Court would not allow Petitionerto proceed pro se in the First Court while she was represented by counsel in this Court. 11. On or about November 7, 2014, this Court terminated Godinich and allowed Petitionerto proceed pro se on appeal. 12. On or about November 13, 2014 and after Petitioner received 

### notification ofthat determination, Petitioner again filed, under the mailbox rule, 

### and urged a motion for extension oftime to file a motion for rehearing with the
First Court. 

### 13. On December 4, 2014, although Petitioner did not receive notification until later, the First Court denied Petitioner's motion for extension oftime to file a motion for rehearing for lack of jurisdiction. 

### 14. It is undisputed that Petitioner has argued that Godinich refused to communicate with her and has not done so since April of2014 in spite ofseveral 

### emails and some faxes requesting that he respond to her and move to withdraw. Petitioner believes that her motion for extension of time to the First Court were 

### timely and the FirstCourthadjurisdiction.15. Godinich filed a motion and a PDR with this Court without authority, 

### deliberately leaving out constitutional issues discussed with him at Petitioner's one and only meeting in April of2014. 

### 16. On or about January 9, 2015, this Court granted Petitioner an extension oftime to obtain her file from Godinich and prepare and file the PDR. 

### When Petitioner received her filed from Godinich, it was approximately 3/4 ofan 

### inch think with only copies of filed documents. All the alleged research that Godinich said he did (e.g., caselaw, notes, etc.) was not there, even though 

### Godinich had already been paid by the county for his representation ofPetitioner. Petitioner's file from Godinich was no help at all. 17. Petitioner has worked on her PDR, but the constitutional issues were hard to find. Petitioner does not have West legal research. 

### 18. The week prior to March 9, 2015, Petitioner received a subpoena to testify in a civil suit beginning on March 9, 2015. Petitioner was required to stay at the courthouse for two days and was only released in the later afternoon on March 10, 2015. Petitioner had planned to work all day and finish the PDR on 

### Monday. After Petitioner was released from the subpoena, Petitioner was not able
to work on the PDR for some time after March 10, 2015.19. Petitioner could not have filed her PDR on March 9, 2015 as she was at the Galveston County Courthouse under subpoena and she was not released for two days.
III. MOTIONS 20. The PDR is was due on March 9, 2015. 

### 21. Petitioner has been granted two extensions for 60 days, however, Petitioner's motion for extension oftime in the First Court was not denied until 

### December 4, 2014.' The only reason that the First Court gave an order that on October 30, 2014, that it could not rule on Petitioner's motion for extension oftime 

### to file a motion for rehearing was because Petitioner was represented by Godinich in this Court. This Court allowed Petitioner to proceed pro se in early November, but by then, the First Court alleges it lostjurisdiction. IV. ARGUMENTSAND AUTHORITIES 

### 22. This Court has the authority to grant Petitioner's reliefin the interest 

### ofjustice. Petitioner's request for an extension of time to file a PDR is governed by Tex. R. App. P. 10.5(b). 

### 23. Petitioner is grateful for this Court allowing her to proceed pro se on appeal and for the two extensions oftime this Court has granted.

' Petitionerdid not receive notification ofthis denial until the week ofDecember the 8th, and Petitioner's husband fell and broke his leg on December 8, 2014. He has had a subsequent surgery and his recuperation has been a factor in Petitioner's time.24. Petitioner asks the Court to take notice that she has now filed her PDR 

### with the constitutional issues ofDouble Jeopardy included. Petitioner suggests to

### the Court that there has never been another case like Petitioners wherein postacquittal fact-finding testimony was used to convict Petitioner in the guilt or innocence phase of a lesser included offense. Petitioner requests that the Court considerherpetition. 

### 25. Petitioner respectfully requests that the Court extend the time for 

### filing the PDR for 15days. Tex. R. App. P. Rule 68.2(c) reads in part, "...Extension of Time. The Court of Criminal Appeals may extend the time to file a petition for discretionary review if a 

### party files a motion complying with Rule 10.5(b) no later than 15 days after the last day for filing the petition..." 

### 26. Petitioner moves the Court to extend the deadline for filing her PDR 

### for 15 days until March 24, 2015 and to take notice ofthe filing ofPetitioner's PDR filed simultaneously with this motion.
V. PRAYER Wherefore Premises Considered, Petitioner requests that the Court grant Petitioner's Motion for Extension of Time to File Petition for Discretionary Review and Notice of Filing of Petition for Discretionary Review and to grant 

### Petitioner all other reliefto which she may show herself justly entitled.Respectfully submitted
DONNA HOLCOMB (PRO SE) 4906 Scott ReefDr. Bacliff, Texas 77518

CERTIFICATE OF SERVICE 

### I hereby certify that a true and correct copy ofthe foregoing was served March 24, 2015 to the following:

Harris County District Attorney 1201 Franklin Houston, Texas 77002 DONNA HOLCO

Via U.S. MailNo. PD-1233-14 IN THE COURT OF CRIMINAL APPEALS OF TEXAS DONNA GAYLE HOLCOMB Petitioner,
V. THE STATE OF TEXAS Respondent.

VERIFICATION OF DONNA HOLCOMB FOR PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARYREVIEWAND NOTICE OF FILING OF PETITION FOR DISCRETIONARY REVIEW

STATE OF TEXAS COUNTY OF GALVESTON 

### Before me, the undersigned authority, a Notary Public, on this day 

### personally appeared DONNA HOLCOMB, whobeing duly sworn upon her oath

states: 

### "I, Donna Gayle Holcomb, am more than eighteen years of age. I am 

### capable andcompetenttomake thisverification. 1have never.been convicted of a crime other than minor misdemeanors, such as traffic tickets, and this case which 

### is on appeal with theTexas Criminal Court ofAppeals. I have readPetitioner's 

### Motion for Extension of Time to File Petition for Discretionary Review and

### NoticeofFilingofPetitionfor Discretionary Review and all statements made by
me are true and correct and are made within my personal knowledge."

DONNA HOIfCOMB

STATE OF TEXAS COUNTY OF GALVESTON SUBSCRIBED AND SWORN TO before me, the undersigned Notary 

# Public,onthisthe Q}P dayofMarch,20]5.

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— —'• LAUREN ORTIZ My Gpmmission Expires May 23. 2017 {ota^ Publ State ounty and