Cedric Bernard Carldwell v. State ( 2015 )

ACCEPTED 06-15-00035-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/4/2015 4:16:46 PM DEBBIE AUTREY CLERK FOR THE SIXTH COURT OF APPEALS AT TEXARKANA, TEXAS FILED IN 6th COURT OF APPEALS CEDRIC CARLDWELL ' TEXARKANA, TEXAS Appellant 6/4/2015 4:16:46 PM DEBBIE AUTREY V. ' CASE NO. Clerk 06-15-00035-CR TRIAL COURT NO. 42773-B THE STATE OF TEXAS Appellee ' MOTION FOR EXTENSION OF TIME TO FILE APPELLANT=S BRIEF 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 Brief 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, Gregg County, Texas in cause number 42773-B for the offense of Murder. On November 20, 2014, punishment was assessed at Life in the Texas Department of Criminal Justice-Institutional Division. II. The Reporter=s record was filed on May 5, 2015. The Appellant=s Brief is due on or about June 4, 2015. III. The Appellant hereby requests an extension of time to file Appellant=s Brief. The undersigned counsel has been unable to devote sufficient time to the review of the record, research and preparation of Appellant=s Brief for the following good and sufficient reasons: 1. Defense Counsel has been involved in a very busy trial and appellate schedule in both state and federal courts at various stages of litigation. 2. Counsel underwent surgery at the Harvard Medical School in Boston Massachusetts and has been diagnosed with complications. Counsel is scheduled for a follow up doctor’s appointment on June 4, 2015. WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant=s Brief for an additional thirty (30) days, to July 6, 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: 06-04-15 __/s/ Clement Dunn_______ Attorney for Appellant FOR THE SIXTH COURT OF APPEALS AT TEXARKANA, TEXAS CEDRIC CARLDWELL ' Appellant VI. ' CASE NO. 06-15-00035-CR TRIAL COURT NO. 42773-B THE STATE OF TEXAS Appellee ' ORDER BE IT REMEMBERED, that on the _____ day of __________________, 2015, came on to be considered the above and foregoing Motion for Extension of Time to File Appellant=s Brief. 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 _________________, 2015. ( ) DENIED, to which ruling the Appellant excepts. ( ) SET FOR HEARING ON THE _____ day of __________________, 2015, at _____ o=clock_____. SIGNED: _____________________________ JUDGE PRESIDING