Carlos Eduardo Buchanan II v. the State of Texas

ACCEPTED
15-25-00162-CV
FIFTEENTH COURT OF APPEALS
No. 15-25-00162-CV AUSTIN, TEXAS
12/8/2025 1:16 PM
CHRISTOPHER A. PRINE
CARLOS EDUARDO BUCHANAN II, § IN THE FIFTEENTH CLERK
§ FILED IN
Appellant, § 15th COURT OF APPEALS
AUSTIN, TEXAS
§ 12/8/2025 1:16:48 PM
V. § COURT OF APPEALS
CHRISTOPHER A. PRINE
§ Clerk
THE STATE OF TEXAS, §
§
Appellee. § AUSTIN, TEXAS

APPELLANT’S FIRST MOTION TO EXTEND TIME

Appellant Carlos Eduardo Buchanan II asks the Court to extend the time to file

his brief.

A. Introduction

1. Appellant is Carlos Eduardo Buchanan II and Appellee is The State of

Texas.

2. There is no specific deadline to file this motion to extend time. See Tex. R.

App. P. 38.6(d).

3. Counsel for Appellant attempted to contact counsel for Appellee on December

8, 2025, but was unable to obtain a response before the filing of this motion.

B. Argument & Authority

4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to

extend the time to file a brief.
5. Appellant’s brief may be due December 8, 2025, according to the notice

regarding the filing of the Clerk’s Record. The notice provides that the brief is not due in

the event of a Reporter’s Record.

6. Appellant requests an additional 30 days to file his brief, extending the time

until January 7, 2025.

7. No prior extension has been granted to extend the time to file Appellant’s

brief.

8. Appellant needs additional time to file his brief because of the need to locate

the Reporter’s Record.

C. Prayer

9. For these reasons, Appellant asks the Court to extend the time to file his brief

until January 7, 2025.

Respectfully submitted,

NICHAMOFF LAW, P.C.

/s/ Seth A. Nichamoff
____________________________
Seth A. Nichamoff
Attorney-in-Charge
State Bar No. 24027568
2444 Times Boulevard, Suite 270
Houston, Texas 77005
(713) 503-6706 Telephone
(713) 360-7497 Facsimile
seth@nichamofflaw.com

ATTORNEYS FOR APPELLANT
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CERTIFICATE OF SERVICE

I certify that on Monday, December 8, 2025, I served a copy of the foregoing

pleading on the parties listed below by electronic service and that the electronic

transmission was reported as complete. My e-mail address is seth@nichamofflaw.com.

Jacob Beach
Assistant Solicitor General
Jacob.Beach@oag.texas.gov

Attorney for Appellee

/s/ Seth A. Nichamoff
____________________________
Seth A. Nichamoff

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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Seth Nichamoff
Bar No. 24027568
seth@nichamofflaw.com
Envelope ID: 108836300
Filing Code Description: Motion
Filing Description: Appellant's First Motion to Extend Time
Status as of 12/8/2025 1:22 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jacob Beach Jacob.Beach@oag.texas.gov 12/8/2025 1:16:48 PM NOT SENT

Jacob Beach 24116083 jacobcbeach@gmail.com 12/8/2025 1:16:48 PM NOT SENT

Seth Nichamoff seth@nichamofflaw.com 12/8/2025 1:16:48 PM NOT SENT

Adam Abrams 24053064 Adam.Abrams@oag.texas.gov 12/8/2025 1:16:48 PM NOT SENT