FIRST COURT OF APPEALS NO. 01-14-00096-CR

TRIAL COURT CASE NO. 1238640

STATE OF TEXAS § TEXAS COURT

§

VS. § OF

§

JOHNATHAN ROSS § CRIMINAL APPEALS

NICKERSON

MOTION TO EXTEND TIME TO FILE PETITION FOR

DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes JOHNATHAN ROSS NICKERSON, Appellant in the above

styled and numbered cause, and moves this Court to grant his request to extend time

to file the Petition for Discretionary Review, pursuant to Rule 10.5(b) ofthe Texas

Rules ofAppellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 177th Judicial District Court of

HARRIS County, Texas.

2. The case below was styled the STATE OF TEXAS vs. JOHNATHAN

ROSS NICKERSON, and numbered 1238640 .

3. Appellant was convicted of Capital Murder and sentenced to life

without parole on October 30, 2013.

4. Notice of appeal was given onJanuary 27, 2014.

5. The Court ofAppeals affirmed the conviction ofMr. Nickerson on June

PD-0981-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/29/2015 1:40:21 PM

Accepted 7/30/2015 2:38:55 PM

ABEL ACOSTA

CLERK
30,2015.

6. The deadline to file aPetition for Discretionary Review ison orbefore

July 30, 2015.

7. Appellant relies on the following facts as good cause for the requested

extension:

a. Shortly after the judgement was received, Mr. Nickerson was

provided notice ofthe Court's decision to affirm his conviction of Capital Murder

and his sentence oflife in prison.

b. On July 23,2015, the undersigned met with the family to discuss

Mr. Nickerson's options. After informing them of the costs and the procedure

surrounding aPDR, the family informed counsel that they were going to try and

work on obtaining the money to hire counsel to prepare the PDR.

c. As of the date ofthis motion, counsel has not been retained to

represent Mr. Nickerson further, but decided to file this motion in order to receive

additional time for the family to determine ifthey are able to hire counsel to file a

PDR.

d. Counsel would ask this Court to grant Mr. Nickerson of60 days

in Order to prepare and file a PDR with the Court of Criminal Appeals, either

through counsel or pro-se.
e. This is the last action filed on Mr. Nickerson's behalf by the

undersigned.

8. This request is not for delay, but rather, to adequately prepare the petition in

the interests ofjustice.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Court grant this Motion To Extend Time To File Petition For Discretionary Review,

and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

Law Offices, Andre' L. Ligon P.C.

Attorneys at Law

1314 Texas Ave. #1500

Houston, Texas 77002

Tel: (713) 662-2500

Fax:(713)222-0252

Rv •/<?/ Andre' L. Lison .

Andre' L. Ligon

State Bar No. 00797840

Attorney for JOHNATHAN ROSS

NICKERSON
CERTIFICATE OF SERVICE

This is to certify that on July 29, 2015, a true and correct copy ofthe above

and foregoing document was served on the District Attorney's Office, Harris

County.

/S/ Andre' L. Ligon

ANDRE LIGON
STATE OF TEXAS §

§

COUNTY OF HARRIS §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

ANDRE LIGON, who after being duly sworn stated:

"I am the attorney for the appellant inthe above numbered and entitled

cause. I have read the foregoing Motion To Extend Time To File

Petition For Discretionary Review and swear thaj^ll ofthe allegations

offact contained therein are true and correct."

ANDRE LIGON

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME by Andre" L. Ligon on

-A v 3 ^-i 2015, to certify which witness my hand and seal ofoffice.

NotaiyPublic, StateWTexas

/'". ,.|H>i"''
FIRST COURT OF APPEALS NO. 01-14-00096-CR

TRIAL COURT CASE NO. 1238640

STATE OF TEXAS § TEXAS COURT

§

VS. § OF

§

JOHNATHAN ROSS § CRIMINAL APPEALS

NICKERSON

ORDER GRANTING APPELLANT MOTION TO EXTEND TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

On , 2015, the Court considered the Appellant's Motion To

Extend Time To File PetitionFor Discretionary Reviewand after due consideration,

hereby GRANTS the Appellant'sMotion.

It is Ordered that Johnathan RossNickerson has until 2015 to file

a Petition for Discretionary Review ifhe so chooses too.

Date: , 2015.

JUDGE PRESIDING

APPROVED:

Bv.TlS1/ Andre' L. Lison

Andre' L. Ligon

State Bar No. 00797840

1314 Texas Ave. #1500

Houston, Texas 77002

Tel: (713) 662-2500

Fax:(713)222-0252

Attorneys for JOHNATHAN ROSS NICKERSON