Free Motion to Continue - District Court of Arizona - Arizona

FLORENCE & BELL, LTD. Sherry Bell 45 West Jefferson Tenth Floor, Luhrs Tower Phoenix, Arizona 85003 (602) 258-8451 Bar I.D. #006819 Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. JAOD DODDS, Defendant. ) ) ) ) ) ) ) ) ) ) No. CR2004-00951-PHX-DGC MOTION TO CONTINUE COMPETENCY HEARING

Hrg: January 21, 2006 (Assigned to the Hon. Campbell)

The defendant, acting through counsel, hereby requests this Court to continue the Competency hearing which is currently scheduled for January 21, 2006, at 9:00 a.m. This motion is made in good faith and not for the purpose of delay. Extraordinary circumstances exist and the continuance is indispensable to the interests of justice as the case presently stands, the Defendant has no ability to prove he is incompetent since he has only been examined by the State's expert witness. Defense counsel has just retained Dr. Jack Potts to determine Jaod Dodd's competency and Dr. Potts indicates he will need approximately fortyfive (45) days to visit the Defendant and prepare an appropriate report. Excludable delay under 18 U.S.C.(h)(1)(f) may occur as a result of this motion or an order based thereon. RESPECTFULLY SUBMITTED this 5th day of January, 2006.

FLORENCE & BELL, LTD. /s/: Sherry Bell Sherry Bell 45 West Jefferson Tenth Floor, Luhrs Tower Phoenix, Arizona 85003
Case 2:04-cr-00951-DGC Document 36 Filed 01/05/2006 Page 1 of 2

CERTIFICATE OF SERVICE

I hereby certify that on the

5th day of

January

, 2006, I electronically filed the

foregoing with the Clerk of the Court using the CM/ECF filing system, which will send notification of such filing to counsel for all parties.

/s/: Heather L. Babel Heather L. Babel

2

Case 2:04-cr-00951-DGC

Document 36

Filed 01/05/2006

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