Cortez-Leija, Leopoldo

• Court: Texas Supreme Court
• Decided: November 20, 2015
• Docket: PD-1503-15
• Status: Published

Opinion

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.