Case Information

*1 05-15-00065-cr COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/2/2015 4:37:11 PM 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 § TRIAL COURT DOCKET NO. WX13-90032-U

__________________________________________________________________

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 *2 EX PARTE §

ELIANA SAUCEDO § COURT OF APPEALS

§ NO. 05-15-00065-CR § TRIAL COURT DOCKET NO. WX13-90032-U

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 291 ST 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.

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 125 th Judicial District Court of Harris County, Texas;

Cause No. 2014-04952, Funda Sahin vs. Carnegie Homes & Construction, LLC., and Ram A. Gupta, in the 133 rd 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 157 th 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 190 th 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 196 th 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.

ft>4^~<~^t>2*^y<^^*^^ Robert W. Buchholz *6 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 ^f^^^^l^^^^^^L ^t£$^ March 29, 2019

NOTARY PUBLIC IN AND FOR 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