Saucedo, Ex Parte Eliana ( 2015 )

05-15-00065-cr
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/2/2015 4:37:11 PM
September 8, 2015 Accepted 9/8/2015 8:46:37 AM
ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AUSTIN TEXAS
__________________________________________________________________
EX PARTE §
ELIANA SAUCEDO § COURT OF APPEALS
§ NO. 05-15-00065-CR
§
V. § TRIAL COURT DOCKET
§ NO. WX13-90032-U
THE STATE OF TEXAS §
__________________________________________________________________
MOTION TO EXTEND TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
FROM THE COURT OF APPEALS
FIFTH JUDICIAL DISTRICT
DALLAS, TEXAS
__________________________________________________________________
ROBERT W. BUCHHOLZ
State Bar No. 03290600
420 S. Cesar Chavez Blvd., Suite 300
Dallas, TX 75201
Tel. 214-754-5500
Fax. 214-754-9100
bob@attorneybob.com
Attorney for Appellant
Ex parte Eliana Saucedo
EX PARTE §
ELIANA SAUCEDO § COURT OF APPEALS
§ NO. 05-15-00065-CR
§
V. § TRIAL COURT DOCKET
§ NO. WX13-90032-U
THE STATE OF TEXAS §
MOTION TO EXTEND TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, ELIANA SAUCEDO, Petitioner in the above entitled and
numbered cause, and submits this her motion for an extension of 30 days until
Monday, October 5, 2015, to file her Petition for Discretionary Review pursuant to
Rule 68.2 and Rule 10.5(b) of the Texas Rules of Appellate Procedure. In support of
this motion, Petitioner shows the court the following:
I.
On December 31, 2014, the trial Court granted Petitioner’s Application for a
Writ of Habeas Corpus, in the 291ST Judicial District Court of Dallas County, Texas,
the Honorable Jennifer Balido presiding, cause No. WX13-90032-U.
II.
The State of Texas timely filed its Notice of Appeal and the Fifth Court of
Appeals at Dallas reversed the Granting of the Writ by Memorandum Opinion and
Judgment on June 16, 2015, in Appeal Number 05-15-00065-CR.
III.
After an extension of time to file a Motion for Rehearing a timely Motion for
Rehearing was filed on July 21, 2015, which was denied by the Dallas Court of
Appeals on August 5, 2015.
IV.
Petitioner's deadline to file her Petition for Discretionary Review is September
4, 2015.
V.
This is Petitioner’s first Motion to Extend Time to File Petition for
Discretionary Review.
VI.
Due to a heavy court schedule and travel, counsel has been unable to complete
said Petition for Discretionary Review and needs additional time to prepare
Appellant's petition. Counsel is a solo practitioner and has been traveling to and from
surrounding counties, and to Harris County extensively in the last thirty days for court
appearances and meditations and has been away from his office for an extended
period during the last thirty days. Counsel's office is in Dallas, Texas.
VII.
Counsel has traveled to Harris County, Texas and other Counties besides
Dallas County extensively during the last thirty days on the following matters:
Cause No. 2013-26783, Nicolas Raby and Pamela Raby vs. Carnegie Homes
& Construction, LLC, in the 125th Judicial District Court of Harris County, Texas;
Cause No. 2014-04952, Funda Sahin vs. Carnegie Homes & Construction,
LLC., and Ram A. Gupta, in the 133rd Judicial District Court of Harris County, Texas;
Cause No. 2015-03817, Carnegie Homes & Construction, LLC vs. Silvana
Nieto and Japhed Gerardo Rodriguez, d/b/a Popular Plumbing, in the 157th Judicial
District Court of Harris County, Texas.
Cause No. 2015-07848, Developer Design Group, LLC a/k/a DSG Realty vs.
Carnegie Homes & Construction, LLC, in the 190th Judicial District Court of Harris
County, Texas.
Mediation on claims of Steven & Ladonna Barras and Carnegie Homes &
Construction, LLC
Cause No. 81240, Matthew Sidley vs. Maria De Los Angeles Clark, in the 196th
Judicial District Court of Hunt County, Texas.
VIII.
This motion is not made for purposes of delay, but rather that the end of justice
may be served.
WHEREFORE, Petitioner prays the Court grant this motion and extend by 30
days the deadline for filing her Petition for Discretionary Review.
Respectfully submitted,
The Law Office ofRobert W. Buchholz, P. C.
/s/ Robert W. Buchholz
By:.
Robert W. Buchholz
Texas Bar No: 03290600
bob@attorneybob.com
420 S. Cesar Chavez Blvd, Suite 300
Dallas, Texas 75201
Tel. (214) 754-5500
Fax. (214)754-9100
STATE OF TEXAS §
§
COUNTY OF DALLAS §
On this day personally appeared Robert W. Buchholz, who stated under oath
as follows:
"My name is Robert W. Buchholz. I am the attorney representing the
Petitioner/Appellant in this cause. I have read the foregoing Request, and swear that
the matters contained in such request arc true and correct."
Signed: September 2, 2015.
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Robert W. Buchholz
SWORN TOANDSUBSCRIBED before meonthis the 2nd dayof September,
2015, to which witness my hand and seal of office.
$$$%'* CHR,$TOPHER A. MARTIN
&>.. a ..*! NotaryPublic, State of Texas
%&.r\s?g My Commission Expires
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NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
CERTIFICATE OF SERVICE
This is to certify that on September 2, 2015, a true and correct copy of the
above and foregoing document was served on Mr. Brian P. Higginbotham, Assistant
District Attorney of Dallas County, Texas, by e-mail to
brian.higginbotham@dallascounty.org and to the State Prosecuting Attorney, P. O.
Box 12405, Austin, Texas 78711, by First Class U.S. Mail..
/s/ Robert W. Buchholz
Robert W. Buchholz