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NO. PD-0260-15

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

___________________________ SECOND 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/2

nd in violation of section 29.03 of the Texas

PD-0260-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 5/26/2015 7:48:01 PM

Accepted 5/28/2015 2:01:50 PM

ABEL ACOSTA

CLERK
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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 initial deadline for filing the appellant’s Petition for Discretionary

Review was March 13, 2015. One previous extension has been granted to

Appellant. The present deadline for filing of the appellant’s Petition for

Discretionary Review was May 12, 2015. Appellant respectfully requests an
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extension of time, pursuant to Texas Rule of Appellate Procedure 68.2(c), of

15 days from the current deadline - until May 27, 2015 in which to file his

Petition.

IV.

One 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 recently retained counsel to handle said petition rather

than hiring another attorney or filing said petition pro se. Said attorney

needs the additional time to file his Petition for Discretionary Review

because of the recent hiring of said attorney and because said attorney has

been involved in preparing and filing another appellant brief in Vincent

Bertrand v. State of Texas – 05-14-01368-CR. Said brief was filed with the

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th Court of Appeals on May 20, 2015. Said attorney has also been

preparing for trial in F12712262 (burglary habitation) and F1440162 (theft)

in State of Texas v. Alexander Beltran – which are set for jury trial on May

26, 2015. Mr. Buchwald is also working on additional briefs and writs that

are due within the next 30 days (Jerry Chandler v. State of Texas – 05-15-
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00598-CR which is set May 26, 2015 - motion for new trial; State of Texas

v. Daniel Mavero 05-14-01097-CR - appellant’s brief due; as well as other

pending appeals). Counsel is also handling over 50 other pending cases

currently set in county, district and federal court for pleas, hearings and

trials. Finally, counsel’s wife recently had dental implant surgery on May

18, 2015. Cousnel has helped his wife with getting through the procedure as

well as with child care and other household necessities. Appellant is filing

his Petition for Discretionary Review along with this motion for extention

and requests an additional 15 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 27, 2015. 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
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this motion was sent by

certified mail, return receipt requested and via E-file.Texas.gov, to the State

Prosecuting Attorney, P.O. Box 12405 Austin, Texas 78711 and hand

delivered and by E-file.Texas.gov to Susan Hawk, Criminal District

Attorney of Dallas County, Texas 133 N. Industrial Boulevard, LB-19

Dallas, Texas 75207-4399 on the 26th day of May, 2015.

/S/ Jeff P. Buchwald

Jeff P. Buchwald