Carldwell, Cedric Bernard

PD-1469-15 PD-1469-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS November 13, 2015 Transmitted 11/12/2015 3:15:49 PM Accepted 11/13/2015 11:10:47 AM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK CEDRIC CARLDWELL ' APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT V. ' CASE NO. 06-15-00035-CR TRIAL COURT NO. 42,773-B THE STATE OF TEXAS Appellee ' STATE OF TEXAS MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE COURT OF APPEALS: NOW COMES, CEDRIC CARLDWELL, the Appellant herein, and moves the Court for an extension of time to file Appellant=s Petition for Discretionary Review in this cause, pursuant to Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would show the Court as follows: I. The Appellant in this cause was convicted in the 124th District Court of Gregg County, Texas in cause number 42,773-B for the offense of Murder. II. The Court of Appeals= opinion on remand was delivered on October 13, 2015. Appellant=s Petition for Discretionary Review is due on or about November 12, 2015. III. The Appellant hereby requests a second extension of time to file Appellant=s Petition for Discretionary Review. The undersigned counsel has been unable to devote sufficient time to the review of the record, research and preparation of Appellant=s Petition for Discretionary Review for the following good and sufficient reasons: Counsel for the defendant has been ill and is under the care of Dr. William Rotzler. In addition to the above-listed matter, the undersigned counsel has been involved with a very busy trial and appellate schedule and is involved in numerous other felony and misdemeanor cases at various stages of litigation. WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant=s Petition for Discretionary in this cause for an additional thirty days, to December 14, 2015. RESPECTFULLY SUBMITTED, __/s/Clement Dunn___________ Attorney for Appellant 140 E. Tyler Street, Suite 240 Longview, TX 75601 (903) 753-7071 Fax (903) 753-8783 State Bar # 06249300 CERTIFICATE OF SERVICE As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of the above and foregoing document was this date provided to the Attorney for the State. Date: 11-12-15 __/s/ Clement Dunn_______________ Attorney for Appellant IN THE COURT OF CRIMINAL APPEALS CEDRIC CARLDWELL ' APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT V. ' CASE NO. 06-15-00035-CR TRIAL COURT NO. 42,773-B THE STATE OF TEXAS Appellee ' STATE OF TEXAS ORDER BE IT REMEMBERED, that on the _____ day of __________________, 20___, came on to be considered the above and foregoing Motion for Extension of Time to File Appellant=s Petition for Discretionary Review. After consideration of the same, it is the opinion of the Court that Appellant=s Motion be: ( ) GRANTED, and the present cause is hereby extended until _________________, 20____. ( ) DENIED, to which ruling the Appellant excepts. ( ) SET FOR HEARING ON THE _____ day of __________________, 20___, at _____ o=clock_____. SIGNED: _____________________________ JUDGE PRESIDING