Jonathan Andrew Rosario v. State

• Court: Court of Appeals of Texas
• Decided: January 13, 2015
• Docket: 01-14-00561-CR
• Status: Published

Opinion

ACCEPTED 01-14-00561-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/13/2015 6:43:28 PM CHRISTOPHER PRINE CLERK

CAUSE NO. 01-14-00561-CR

JONATHAN ROSARIO § FILEDCOURT IN THE FIRST IN 1st COURT OF APPEALS § HOUSTON, TEXAS V. § OF 6:43:28 1/13/2015 APPEALSPM § CHRISTOPHER A. PRINE Clerk THE STATE OF TEXAS § HOUSTON, TEXAS

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

COMES NOW JONATHAN ROSARIO, the Appellant in the above styled and

numbered cause, and pursuant to Rule 10 of the Rules of Appellate Procedure files

this Motion requesting that the Court extend the time for filing the Appellant’s brief

in this cause, and in support shows as follows:

A.

1. The case is on appeal from the 186th District Court, Bexar County, Texas.

2. The style and number of the case in the trial court is State v. Jonathan Rosario,

Cause No. 2013-CR-5658.

3. The Appellant was charged with the offense of murder.

4. Punishment was assessed at imprisonment for 40 years.

5. The present deadline for filing the Appellant’s brief is January 29, 2015.

6. The Appellant seeks an extension of time of 90 days until April 29, 2015.

1 7. This is the Appellant’s first motion for extension of time by undersigned

counsel to file the Appellant’s brief.

B.

This extension is not sought for the purpose of delaying this appeal, but for

the following reason:

1. Counsel would show that counsel has been preparing for a January 26, 2015

federal white collar trial in United States v. Worsham in the Western District

of Texas; has also been preparing for a capital murder trial in State v. Ramos

on January 30, 2015 in the 290th District Court, Bexar County, Texas; counsel

has a brief due on January 30, 2015 in a death penalty case in the Fifth Circuit

in Castillo v. Stephens; counsel has a federal trial in the Western District of

Texas in United States v. Alderete on February 2, 2015; counsel has a

clemency petition due in a capital murder trial in State v. Garza on February

13, 2015; counsel has a trial in County Court No. 4, Bexar County, Texas in

State v. Hewitt on February 27, 2015; counsel has a trial in County Court No.

12, Bexar County, Texas in State v. Olson on March 3, 2015; counsel has a

trial in a federal case in the Western District of Texas in United States v. Bailes

on March 9, 2015; counsel has a felony set for trial in the 216th District Court

in State v. Jeffrey on March 17, 2015; and counsel has a federal trial set for

2 March 30, 2015 in United States v. Mazaheri in the Western District of Texas.

2. The Appellant needs additional time in the case at bar to review the record and

to conduct the necessary research to adequately prepare the Appellant’s brief.

C.

On January 12, 2015, counsel conferred with counsel for the State, Jay

Brandon, and he stated that he is unopposed to the granting of this motion.

WHEREFORE, PREMISES CONSIDERED, Counsel for the Appellant prays

that the Court grant an extension of time up to and including April 29, 2015 for filing

the Appellant’s brief.

Respectfully submitted,

GROSS & ESPARZA, P.L.L.C.

/s/ Michael C. Gross Michael C. Gross State Bar No. 08534480 106 South St. Mary’s Street, Suite 260 San Antonio, Texas 78205 (210) 354-1919 (210) 354-1920 Fax

Attorney for the Appellant, JONATHAN ROSARIO

3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was emailed to Enrico Valdez at jeanette.canales@bexar.org on the 13th day of January 2015.

/s/ Michael C. Gross