Jacob Cory Gonzales v. State

Opinion

ACCEPTED

04-14-00222-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

12/29/2014 12:02:53 PM

KEITH HOTTLE

CLERK

NO. 04-14-00222-CR

FILED IN

STATE OF TEXAS § IN THE 4th COURT OF APPEALS SAN ANTONIO, TEXAS

§ 12/29/2014 12:02:53 PM VS. § Fourth COURT KEITH E. HOTTLE § Clerk JACOB CORY GONZALES § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANTS BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Jacob Cory Gonzales, Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 144th Judicial District Court of Bexar County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Jacob Cory Gonzales. and numbered 2011-CR-8528A.

3. Appellant was convicted of Murder.

4. Appellant was assessed a sentence of 20 years in TDCJ on February 27,2014.

5. Notice of appeal was given on April 2, 2014.

6. The clerk's record was filed on May 7, 2014; the reporter's record was filed on October 3, 2014.

7. The appellate brief is presently due on January 2, 2015.

8. Appellant requests an extension of time of 14 days from the present date to January 16, 2014.

9. Two extensions to file the brief have been received in this cause.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested extension:

According to Volume 6, pages 149, 150, of the reporter's record, State Exhibit #96 was included as part of the appellate record by the trial judge. Exhibit #96 is a complete DVD recording of Appellant and his statement while at the police station. Only the redacted version of the DVD has been included with the reporter's record. Appellate counsel left a letter with the Clerk of the 144th District Court on 12/29/2014 addressed to the court reporter requesting that the record be supplemented to include State Exhibit #96. A copy is attached.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion To Extend Time to File Appellant's Brief, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

Mario A. Trevino

315 S. Main

San Antonio, Texas 78204

Tel: (210) 226-0026

Fax:(210)226-8402

BV: A-

Mario A. Trevino

State Bar No. 202 11 250

trevinomtrev@aol.com

Attorney for Jacob Cory Gonzales

CERTIFICATE OF SERVICE

This is to certify that on December 29, 2014, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Bexar County, Texas, by personal delivery.

Mario A. Trevino

Mario A. Trevino

Attorney at Law

315 South Main Street • San Antonio, Texas 78204 Office: (210) 226-0026 • Fax: (210) 226-8402 • Email: trevinomtrev@aol.com

12/29/2014

Ms. Kay Gittinger Official Court Reporter, 144th District Court Cadena-Reeves Justice Center 300 Dolorosa San Antonio, Texas 78205

RE: 2011-CR-8528 A State of Texas v. Jacob Cory Gonzales 4th Court of Appeals - 04-14-00222-CR Exhibit #96 missing from appellate record

Dear Ms. Gittinger:

According to Volume 6, pages 148 - 150, of the Reporter's Record filed in this case, State's Exhibit #96 was included as part of the appellate record. I have read the Reporter's Record as filed as well as viewed the Exhibits and cannot find Exhibit #96. I checked with the Clerk's Office of the 4th Court of Appeals and Exhibit #96 was not included. Please file in the 4th Court of Appeals a supplemental reporter's record containing the omitted Exhibit#96.

Please feel free to call me at any time. Sincerely,

Mario A. Trevino

P.S. I have attached a copy of Vol. 6, pages 149 -150 149 150 1 MS. SAENZ: You want us to redact it 1 THE BAILIFF: I'll get him right now. 2 again? 2 (Defendant entered) 3 THE COURT: I do. I want you to take out 3 THE COURT: Let the record reflect that 4 the question, Have you ever been in trouble before, or 4 the defendant, his counsel, and counsel for the State 5 whatever it was that led to that answer. 5 are present in open court. 6 (A pause in the proceedings) 6 You can just come up here and have a seat, 7 THE COURT: All right. The State has been 7 ma'am. 8 attempting to redact portions of Exhibit 96 so as to 8 (Witness entered the witness stand) 9 meet my approval. They haven't gotten there yet. It's 9 THE COURT: I made a statement for the 10 3:00 in the afternoon. The -- I suggest that we admit 10 record a while ago, not noticing that the defendant was 11 State's Exhibit 96, for the record only, so that any 11 not in the courtroom. He's entitled to be here when we 12 appellate court will know what we're talking about, and 12 are doing anything relevant to his case. What I did was 13 that when we get a redacted copy that the jury will see, 13 I told the lawyers that since we do not yet have a 14 we give it a new number. They're not going to remember 14 redacted copy of the defendant's statement to police 15 what number you said earlier. 15 that — that satisfies me, we're going to go on to 16 And I further suggest that we go ahead and 16 another witness. 17 proceed with the -- I understand the decedent's mother 17 Mrs. Cooper is here. We will hear her 18 is a — is a witness and is here, and that also a 18 testimony this afternoon. We will hear also the autopsy 19 doctor, I presume, an autopsy physician is going to be 19 physician this afternoon, and then we will quit for the 20 here at 3:30. And with — that will be our last witness 20 day. And the witness who was on the stand when I 21 for the day. We'll bring the detective back Monday. 21 declared a recess earlier will be heard next week. And 22 Are we ready for the jury? 22 I suggested that we — and have received 96 in evidence 23 MR. SMITH: Your Honor, my client is -- 23 for the record only, and then when a redacted copy is 24 THE COURT: Oh, he's not here. You're 24 properly presented, I will give that a new number. 25 right. 25 Okay. Bring the jury, please.

KAY GITTINGER, CSR, RPR KAY GITTINGER, CSR, RPR 144TH DISTRICT COURT BEXAR COUNTY, TEXAS 144TH DISTRICT COURT BEXAR COUNTY, TEXAS