its* > ' COURT OF CRIMINAL APPEALS
FILED IN AUSTIN, TEXAS
COURT OF CRIMINALAPPEALS Transmitted 1/12/2015 12:00:00 AM
Accepted 1/16/2015 2:41:45 PM
No. PD-1292-14 ABEL ACC°I™
abelacosta, clerk Court of Appeals No. 03-12-00582-CR
CANDELARIO CERDA, JR § IN THE TEXAS COURT OF
§
§ CRIMINAL APPEALS
§
THE STATE OF TEXAS § AT AUSTIN, TEXAS
PETITIONER'S 3rd MOTION FOREXTENSIONOFTIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
Comes now Candelario Cerda, Jr.. the Petitioner in this cause and he begs the Court to
grant this extension of time to file PDR.
The deadline for filing Appellant's petition for discretionary review with the
Court was 27 December 2014. Appellant's request for an extension is based upon the
inability of his undersigned attorney to complete the project due to illness and conduct
the research onthe issues raised by thetrial of thecase in a timely fashion. Said attorney
would further show that he has now completed Appellant's petition, and that it is being
submitted contemporaneously with this motion. This is Appellant's Third request for an
extension of time.
I.
Petitioner has been convicted of the felony offense of Sexual AssaultofMinor, 2
counts. Petitioner was assessed a sentence of 10years imprisonment on each countwhich
the Court then ordered be served consecutively.
The Third District Court of Appeals issued an unpublished decision in this case
on August 22,2014 in Candelario Cerda, Jr. v. State of Texas, 03-12-00582-CR
Tex.App.Austin (August 22, 2014). Petitioner did not file a Motion for PanelRehearing
atthe 3rd Court ofAppeals.
II.
The undersigned counsel is continuing hispro bono representation from direct
appeal, but was not able to complete the Petition for Discretionary Review until today.
(A) Counsel suffered a relapse ofthe Flu around 19 December 2014 and fever
broke on 29 December 2014.
-. .- V
(B) Petitioner was preparing for Jury Trial in State v. Gene Vela in
Travis County 13-206561 and 13-302329. This is a complicated Officer Involved
Shooting case where more than 28 GB of data is received in discovery. Trial is
expected to last at last 10 days.
(C) Counsel is still battling his lower back pain that arose on 15 September 2014.
Counsel suffers from 80% VA-rated disability for lower back injury sustained
from active duty Army service. Counsel got MRI for hip and back on 07 January
2015.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court grant this
Motion to file a Brief/ PDR in this case.
SBN 24028272
PO Box 201123
Austin, TX 78720
(512)698-2215
email: attornev.skip.davis@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that on 09 January, 2015, a copy of theabove and foregoing motion
was served upon the Caldwell County District Attorney's Office, 201 E. San Antonio
Street, Lockhart, TX 78644 by USPS or by email to opposing counsel
andby United States Mail to the Prosecution Attorney at the following addrga
PO Box 869, Lockhart, Texas 78f