PD-0260-15
PD-0260-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 3/9/2015 9:28:25 PM
March 10, 2015 Accepted 3/10/2015 10:49:07 AM
ABEL ACOSTA
CLERK
NOS. ____________________________
DAMIAN ELDER * IN THE COURT OF CRIMINAL
V. * APPEALS OF TEXAS
THE STATE OF TEXAS * AT AUSTIN, TEXAS
__________________________
ON PETITION FOR DISCRETIONARY REVIEW IN CAUSE
NO. 05-13-01111-CR FROM
THE COURT OF APPEALS FOR THE FIFTH DISTRICT
AT DALLAS, TEXAS
___________________________
MOTION TO EXTEND THE TIME FOR FILING THE
APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW the Appellant, by and through his attorney of record,
Jeff P. Buchwald, and respectfully requests that the time for the filing of the
Appellant’s petition for discretionary review in the above-styled and
numbered cause be extended. In support of this motion the appellant would
show the court the following:
I.
In Cause Nos. F-12-53551 (Dallas County), the appellant was indicted
for Aggravated Robbery/DW/2nd in violation of section 29.03 of the Texas
1
Penal Code. The Appellant plead not guilty and a jury trial was held on July
10, 2013. The jury found the Appellant guilty of the lessor included offense
of Aggravated Assault/DW on July 12, 2013. The Appellant elected to have
the trial court assess punishment. On July 12, 2013 the trial court assessed
punishment at 40 years. A motion for new trial and notice of appeal was
filed and/or perfected on August 7, 2013. An amended motion for new trial
was filed on August 16, 2013. A hearing on Appellant’s motion for new
trial was held and the motion was denied as to all grounds by the trial court
on September 13, 2013. The trial court’s certification of defendant’s right to
appeal was signed by the trial court on August 7, 2013.
II.
The Court of Appeals for the Fifth District at Dallas, Texas on
February 11, 2015 affirmed the trial court’s judgment in F12-53551-K and
overruled Appellant’s four points of error.
III.
The present deadline for filing of the appellant’s Petition for
Discretionary Review is March 13, 2015. Appellant respectfully requests an
extension of time, pursuant to Texas Rule of Appellate Procedure 68.2(c), of
60 days from the current deadline - until May 12, 2015 in which to file his
2
Petition.
IV.
No previous extension of time has been granted.
V.
The appellant would show the Court that a reasonable explanation
exists for the requested extension. The facts on which the appellant relies to
reasonably explain the need for the extension are as follows:
The appellant has not had sufficient time to come up with the funds to
hire an attorney or to file said petition pro se and therefore needs the
additional time to file his Petition for Discretionary Review. Appellant
respectfully requests an additional 60 days from the current due date within
which to file said Petition for Discretionary Review.
WHEREFORE PREMISES CONSIDERED, the Appellant
respectfully requests that the time for the filing of the appellant’s Petition for
Discretionary Review be extended to May 12, 2015.
3
Respectfully submitted,
/S/ Jeff P. Buchwald
Jeff P. Buchwald
Attorney at Law
State Bar No. 03293300
305Spring Creek Village #538
Dallas, Texas 75248
Buchwald7@msn.com
(972) 788-5016
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this motion was sent by
certified mail, return receipt requested, to the State Prosecuting Attorney,
P.O. Box 12405 Austin, Texas 78711 and hand delivered to Susan Hawk,
Criminal District Attorney of Dallas County, Texas 133 N. Industrial
Boulevard, LB-19 Dallas, Texas 75207-4399 on the 10th day of March,
2015.
/S/ Jeff P. Buchwald
Jeff P. Buchwald
4