Daniel Gonzalez Rodriguez v. State

Opinion

ACCEPTED 01-13-00778-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/23/2015 8:56:46 AM CHRISTOPHER PRINE CLERK

No. 01-13-00778-CR

In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 3/23/2015 8:56:46 AM First District of Texas CHRISTOPHER A. PRINE Clerk At Houston

♦

No 1380317 In the 351st District Court Of Harris County, Texas

DANIEL GONZALEZ RODRIGUEZ Appellant v. THE STATE OF TEXAS Appellee

♦ State’s First Motion for Extension Of Time to File Brief ♦

To the Honorable Court of Appeals:

The State of Texas, pursuant to TEX. R. APP. P. 2 & 10.5, moves for an

extension of time in which to file its appellate brief. The following facts are

relevant:

1. The appellant was charged by indictment with kidnapping. (CR 21).

The indictment alleged two prior felony convictions, with one offense committed after the other conviction became final. (CR 21). A jury

found him guilty as charged. (CR 50, 51). The appellant pled true to

both enhancement paragraphs and the trial court assessed

punishment at thirty years’ confinement. (CR 50). The appellant filed

a timely notice of appeal and the trial court certified his right of

appeal. (CR 55, 58).

2. The State’s brief is due on March 23, 2015. The State requests a 30-

day extension of time in which to file its brief.

3. This is the State’s first request for extension.

4. The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief:

a. This case was assigned to the undersigned attorney on March 4, 2015. Since that time, he has worked on the following mattters:

1. Craig Gilder No. 14-14-00523-CR Brief filed March 6, 2015

2. Julio Alvarado Nos. 01-13-00894-CR & 01-13-00895-CR Brief filed March 19, 2015

3. Hugo Pachas-Luna Nos. 01-14-00516-CR et seq. Brief due March 23, 2015 (third motion for extension filed) b. The undersigned attorney was out of the office for a medical procedure on March 20, 2015.

WHEREFORE, the State prays that this Court will grant the requested extension. Respectfully submitted,

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 CERTIFICATE OF SERVICE

I certify that I have requested that efile.txcourts.gov electronically serve

a copy of this motion to:

Kurt B. Wentz kbsawentz@yahoo.com

/s/ C.A. Morgan CLINTON A. MORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454

Date: March 23, 2015