PD-1503&1504-15
CAUSE No. 04-14-00548-CR & 04-14-00549-CR
LEOPOLDO CORTEZ-LEIJA § IN THE
Petitioner
§
v.
bIcIIve&W
§ COURT OF CRM^NAL APPEALS
THE STATE OF TEXAS
§ CRIMINAL APPEALS
MOTION FOR EXTENSION OF TIME TO FILE PDR
To the Honorable Judges of the Court of Criminal^Aiwpe^M^^
Comes now; LEOPOLDO CORTEZ-LEIJA/ Petitioner, and files
this motion for an extension of sixty (60) days in which to
file a Petition for Discretionary Review, in supporE'kiSl/Dniis
COURT OF CRIMINAL APPEALS
motion. Petitioner shows the court the following:
t\0V L j 2015
i.
The Petitioner was convicted in the 215th JudicA^I te^&.iGferk
Court of Kendall County, Texas, of the offenses of sexual assault
of a child and continous sexual assault of a child in Cause
Numbers 5437 and 5438 styled the State of Texas v. Leopoldo
CORTEZ-LEIJA. The Petitioner appealed to the Fourth Court of
Appeals, San Antonio, Texas. The conviction was affirmed on
September 23, 2015. Petitioner's Appellate Attorney, Kurtis
S. Rudkin, filed a Motion for Reheearirig. On November 4, 2015,
the Fourth Court of Appeals denied and overruled the Motion
for Rehearing.
II.
The present deadline for filing the Petition for discretion
ary Review is December 4, 2015. The Petitioner has not requested
any extension prior to this request.
1.
Ill
Petitioner's request for an extension is based upon the
following facts: Petitioner was not informed of the decision
of the Court of Appeals in affirming this case until November
9, 2015, since that time Petitioner has been attempting to gain
legal representation;,, in this matter. His attorney on this
appeal, Kurtis S. Rudkin, has informed Petitioner that he will
not represent him on the Petition for Discretionary Review.
Wherefore, Petitioner prays this Court to grant this motion
and extend this deadline for filing the Petition for Discretion
ary Review in Cause No.,s 04-14-00548-CR and 04-14-00549-CR
to February 4, 2016.
Respectfully submitted,
U^ f*c
^E0/?0LD0 CORTEZ^-LE &&*•
TDCJ# 1936988
McCONNELL UNIT
3001 S. EMILY DR.
BEEVILLE, TEXAS 78102
CERTIFICATE OF SERVICE
I, LEOPOLDO CORTEZ-LEIJA do hereby certify that a true
and correct copy of the above and foregiong motion for extension
of time to file Petition for Discretionary Review has been for
warded by U.S. Mail, postage pre-paid, first class, to the State
Prosecuting Attorney, P.O. Box 12405, Austin, TX 78711.
DNSWORN DECLARATION
I, Leopoldo Cortez-Leija, do hereby declare under penalty
of perjury, that the above and foregoing motion for extension
of time to file PDR, is true and correct to the best of my know
ledge.
.E0POLDO CORTEZT-LEIJ
TDCJ# 1936988
November 16, 2015
3.