Carldwell, Cedric Bernard ( 2015 )

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COURT OF CRIMINAL APPEALS f U -_L4b^-_Lb C0URT 0F CR|MINAL APpEALS
AUSTIN, TEXAS
December 15, 2015 Transmitted 12/14/2015 4:43:47 PM
Accepted 12/15/2015 4:05:16 PM
ABEL ACOSTA CLERK . IN THE COURT OF CRIMINAL APPEALS ABELACOSTA
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 y.q_\ {$ -{ \
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 1241 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 December 14, 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 respectfully advises the Court that he still has medical
problems that would not allow him to be involved in court proceedings and is scheduled for
surgery on December 29, 2015 (see additional letter from Dr. William H. Rotzler attached).
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 forty-five days, to January 28, 2016.
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: 12-14-15
Isi 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
William HRotzler, MD
705 EMarshall Ave. Suite 5003
Longview, TX 75601
Phone: 903-236-3035
Fax: 903-757-3178
December 7,2015
Re: Richard Clement Dunn
To Whom It May Concern,
active attorney in court. '""wyanects (usability to function as an
i contact my office.
Sincerely,
William HRotzler, M.6,
WHR/ad