PD-0682_0687-16
PD-0682_0687-16 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/20/2016 2:56:21 PM
Accepted 6/21/2016 3:53:48 PM
ABEL ACOSTA
CLERK
NO. 04-15-00165-CR, NO. 04-15-00166-CR, NO. 04-15-00167-CR, NO. 04-15-
00168-CR, NO. 04-15-00169-CR, NO. 04-15-00170-CR,
IN THE TEXAS COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
___________________________________________________________________
RICHARD BRUCE §
DEBENEDETTO § APPELLANT
§
V. §
§
THE STATE OF TEXAS § APPELLEE
FROM THE 4TH COURT OF APPEALS
SAN ANTONIO, TEXAS
STYLED Richard Bruce DeBenedetto
Appellant
v.
The State of Texas
Appellee
June 21, 2016
Delivered and filed,
May 25, 2016
AUSTIN, TEXAS
1
IDENTITIES OF PARTIES AND COUNSEL
RICHARD BRUCE DEBENEDETTO, APPELLANT, PETITIONER PRO SE
P.O. Box 3157
South Padre Island Texas 78597
Phone: (956) 572-0294
Fax: (956) 290-8394
Email: rickyde2000@aol.com
PATRICK O’FIEL, ATTORNEY FOR APPELLANT ON APPEAL
The Law Office of Attorney Patrick O’Fiel, P.C.
Texas Bar No. 24304606
The Schreiner Building
200 Earl Garrett, Ste. 206
Kerrville, Texas 78028
Phone: (830) 496-1257
Fax: (830) 257-9852
Email: patrick@ofiellaw.com
STATE OF TEXAS, APPELLEE
BRUCE CURRY 216TH DISTRICT ATTORNEY, ATTORNEY FOR APPELLEE
The 216th District Attorney’s Office
Texas Bar No. 05268500
The Schreiner Building
200 Earl Garrett, Ste. 202
Kerrville, Texas 78028
Phone: (830) 896-4744
Fax: (830) 896-2620
Email: 216thda@bizstx.rr.com
2
PETITIONER’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE TEXAS COURT OF CRIMINAL APPEALS:
NOW COMES RICHARD DEBENEDETTO, Appellant and Pro Se Petitioner in the
above numbered causes and files this his First Motion for Extension of Time to File
Petition for Discretionary Review in the Texas Court of Criminal Appeals, under
Rule 10.5(b)(3) TEXAS RULES OF APPELLATE PROCEDURES.
In support Petitioner would respectfully show this Court the following:
I
Petitioner, RICHARD BRUCE DEBENEDETTO, is requesting an extension of
time to file his Petition for Discretionary Review, which is currently due to be filed
on June 25 2016.
II
This is the first request to file this Motion for Extension of Time to File
Petition for Discretionary Review in this matter.
III
The length of extension sought by the Petitioner is 20 days.
IV
The following facts are relied on to reasonably explain the Petitioner’s need
for an extension of time:
1. On May 25th 2015 the 4thCourt of Appeals delivered and filed its
Memorandum Opinion affirming trial Court’s decision regarding Richard
Bruce DeBenedetto APPELLANT v. the STATE of Texas, APPELLEE.
2. Appellant Richard Bruce DeBenedetto was represented by Counsel
Patrick O’Fiel in the aforementioned appeal.
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3. Attorney for the Appellant Patrick O’Fiel was out of the country at the
time of the Court’s decision on May 25, 2016 and returned on or about
May 31, 2016.
4. Immediately upon his return attorney for the Appellant informed
Richard Bruce DeBenedetto of the Court’s Memorandum Opinion
through certified mail no . 9314869904300023642755.
5. Appellant received and signed for attorney’s letter of May 31st and a
copy of the Court’s Memorandum Opinion on June 10, 2016. (See
Attachments 9314869904300023642755 pages 1 and 2).
V
Appellant seeks to file his Petition for Discretionary Review Pro Se as
there is no compelling state mandate by which Appellant’s court appointed
counsel may assist in the filing of said Petition.
VI
This is the first request for extension of time to file the Pro Se Appellant’s
Petition for Discretionary Review and the Petitioner is requesting additional time
to prepare his Petition.
VI
This, a Petition for review of an Appellate Memorandum Opinion on a
unique trial involving complex legal issues, having their foundation in
Constitutional law and appellate standards unfamiliar to the Pro Se
Petitioner. The Petitioner requires additional time to adequately address the
issues of Appellate law required by this Petition.
4