PD-0659-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
December 9, 2015 Transmitted 12/9/2015 2:53:38 PM
Accepted 12/9/2015 3:48:02 PM
NO. PD-0659-15 ABEL ACOSTA
CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
PAUL HENRI WAGNER ) APPELLANT
v. )
THE STATE OF TEXAS ) APPELLEE
MOTION TO EXTEND TIME TO
FILE APPELLANT’S BRIEF ON THE MERITS
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes, Paul Henri Wagner, Appellant in the above styled and numbered cause, by
and through his attorneys of record, Vincent W. Perini and Dan Wood, Jr., and pursuant to Texas
Rules of Appellate Procedure 68.2(c), moves for an extension of time of 30 days to file
Appellant’s Brief on the Merits, and for good cause, shows:
1. Appellant’s Petition for Discretionary Review was granted by this Court on
November 11, 2015; Appellant’s Brief on the Merits is currently due on December 11, 2015.
2. Appellant is not incarcerated.
3. The Fifth Court of Appeals of Texas affirmed appellant’s conviction in its opinion
and judgment in Paul Henri Wagner v. The State of Texas, Case No. 05-13-01329-CR,
(Tex.App. – Dallas, decided May 5, 2015).
4. Appellant requests an additional thirty-one (31) days from the deadline stated
above and Appellant asks this Court to order the petition to be due on or before Monday, January
11, 2016.
5. No previous extensions to file the brief have been requested.
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ON THE MERITS, Page 1
4. The facts relied upon to reasonably explain the need for an extension of time are
as follows: Counsel is currently researching and briefing the issues raised in Appellant’s petition
for discretionary review; however, Counsel needs additional time to research the law and brief
the issues raised. Counsel, Dan Wood, Jr., is a solo practitioner currently in the process of
moving offices as well as preparing for and appearing in trial courts for client matters. Counsel
most recently was required to prepare and appear regarding status hearing in State v. Marical,
No. 15-50240-CC2-M, County Court at Law No. 2, Kaufman County, Texas; a motion to revoke
in State v. Hollister, No. 14-00015, 294th District Court, Van Zandt County, on December 8,
2015; and a motion to suppress hearing in State v. Gonzalez, No. 13-36475, County Criminal
Court No. 2, Dallas County, on December 9, 2015. Due to Counsel’s schedule, Counsel requests
the additional time to adequately prepare the brief. Appellant does wish to pursue his appeal in
this Court and requests additional time for counsel to adequately prepare.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests an
extension of 31 days, i.e. until January 11, 2016, to file his Brief on the Merits.
Respectfully submitted,
DAN WOOD, JR
ATTORNEY AT LAW
4303 N. Central Expressway
Dallas, TX 75205
(214) 559-8815 Office tel.
(214) 696-0867 Fax
By: /Dan Wood, Jr./
Dan Wood, Jr.
State Bar No. 21887050
Email: danwoodjr@sbcglobal.net
ATTORNEY FOR APPELLANT
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ON THE MERITS, Page 2
CERTIFICATE OF SERVICE
This is to certify that on December 9, 2015, a true and correct copy of the above and
foregoing document was served upon the State of Texas by email to the Dallas County Criminal
Attorney to: Ms. Lori Ordiway, Asst. Criminal District Attorney, Appellate Division Chief, the
email address of lori.ordiway@dallascounty.org, and by the Texas Efile system to Hon. Susan
Hawk, Criminal District Attorney, ATTN: Appellate Division, 133 N. Riverfront Blvd., LB 19,
Dallas, TX 75207.
/Dan Wood, Jr./
Dan Wood, Jr.
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ON THE MERITS, Page 3