Jonathan Andrew Rosario v. State

Opinion

ACCEPTED

01-14-00561-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 6/29/2015 5:28:52 PM CHRISTOPHER PRINE

CLERK

NO. 01-14-00561-CR

JONATHAN ROSARIO § IN THE FIRST DISTRICT FILED IN

1st COURT OF APPEALS

§ HOUSTON, TEXAS vs. § COURT OF APPEALS 6/29/2015 5:28:52 PM

§ CHRISTOPHER A. PRINE THE STATE OF TEXAS § HOUSTON, TEXAS Clerk

MOTION FOR EXTENSION OF TIME TO FILE STATE’S BRIEF

TO THE HONORABLE JUDGES OF THE FOURTH COURT OF APPEALS:

NOW COMES Nicholas “Nico” LaHood, Criminal District Attorney of

Bexar County and Counsel for the State of Texas, and files this Motion asking that

the Court extend the time for filing the State’s brief.

Jonathan Rosario, Appellant, filed a notice of appeal on June 16, 2014 in the

Fourth Court of Appeals. The case was then transferred to the First Court of

Appeals. The Clerk’s Record was filed on September 2, 2014, and the Reporter’s

Record was filed December 30, 2014. Appellant’s brief was filed April 29, 2015.

After a first motion for extension of time, Appellee’s brief was due June 29, 2015.

Appellee now files this second motion for extension and the State requests a 3 day

extension.

This extension is not sought for the purpose of delaying this appeal. State

requests an extension for the following reasons:

1) Counsel would like more time to research and write this brief.

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2) Counsel has recently been working on the following matters and briefs in:

a. In the Interest of R.C., A Child, 04-15-00082-CV, parental termination, filed on May 26, 2015; b. Frank Lara v. State, 04-14-00553-CR, compelling prostitution, due July 8, 2015; and, c. Ex parte Luna, 04-14-00123-CR, habeas corpus application, filed June 11, 2014 d. Counsel was out of the office May 27, 28, and 29, 2015 for training and June 16, 2015. e. Counsel is preparing an inter-office Case Law Update.

Therefore, counsel respectfully asks the Court to grant this extension time

to file the State’s brief in this case.

WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays

that the Court grant an extension of time to July 2, 2015, for filing the State’s brief

pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).

Respectfully submitted,

NICHOLAS “Nico” LAHOOD Criminal District Attorney Bexar County, Texas

/s/ Laura E. Durbin

_____________________

Laura E. Durbin State Bar No. 24068556 Assistant Criminal District Attorney Paul Elizondo Tower 101 W. Nueva Street San Antonio, Texas 78205-3030 Phone: (210) 335-2411 Fax: (210) 335-2436 Email: laura.durbin@bexar.org Attorney on Appeal

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CERTIFICATE OF SERVICE

I, Laura E. Durbin, Assistant District Attorney, Bexar County, Texas, certify

that a copy of the foregoing motion served to Appellant’s counsel, Michael Gross

at Lawofcmg@gmail.com, on this 29th day of June, 2015.

/s/ Laura E. Durbin

__________________________

Laura E. Durbin

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