Robert Rodriguez v. State

Opinion

ACCEPTED 04-15-00204-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 10:47:41 AM KEITH HOTTLE CLERK

No.04-15-00204-CR

ROBERT RODRIGUEZ, Appellant )( IN THE FILED IN )( 4th COURT OF APPEALS SAN ANTONIO, TEXAS VS. }{ FOURTH COURT 10/28/15 10:47:41 AM )( KEITH E. HOTTLE STATE OF TEXAS, Appellee )( OF APPEALS Clerk

MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Now comes the State of Texas, Appellee, in the above styled and numbered cause, and

moves this Court grant an extension of time to file Appellee’s Brief, pursuant to Rule 38.6 of

the Texas Rules of Appellant Procedure, and for good cause shows the following:

1. This case is on appeal from the Second 274th Judicial District Court. The case

is styled State of Texas v. Robert Rodriguez and the cause number was 13-

0979-CR-A.

2. Notice of Appeal was given on 03/16/15.

3. The clerk’s record was filed on 4/21/15 and the reporter’s record was filed on

6/22/15.

4. This is Appellee’s first request for an extension and no previous extensions

have been granted.

5. Appellant’s brief was filed September 28, 2015.

6. Appellee’s Brief is due October 28, 2015.

7. Appellee’s request a 35 day extension (until December 3rd, 2015). The State of

Texas asks for 35 days over the traditional 30 days because the 30th day

(November 28th) falls on the Saturday immediately following Thanksgiving and counsel for the State will be in Dallas from November 26th through

November 29th.

8. Appellee relies on the following facts as good cause for the requested

extension:

a. Attorney for appellee is the regular appellant attorney for the

Guadalupe County Attorney’s Office, but also does some appellate

work for the Guadalupe County District Attorney’s Office as it

specifically request by that office. The request was made to this

attorney on September 29th, 2015.

b. As of October 2nd, neither the District Attorney’s Office nor the

Guadalupe County District Clerk had a copy of the reporter’s record.

Consequently, attorney for appellant had to make a request for the

record which was received by appellee on Friday October 2nd.

c. Attorney for appellee is also working on the State’s brief in Elias

Ramon-Sanchez v. State of Texas 14-15-00163-CR.

d. In addition, to his appellant duties, attorney for state is also the juvenile

prosecutor for the Guadalupe County Attorney’s Office, which requires

regular court appearances, including detention hearings three times a

week, weekly adjudication/disposition dockets, and bi-weekly drug

court dockets. In addition, this attorney is preparing for a certification

and transfer hearing in a capital murder case (In the Matter of L.M., J- 15-11). That hearing is set for November 20th

e. Attorney for appellee also handles the justice of the peace dockets for

Justices of the Peace No. 1, 2, and 3, with regular court appears for

each.

f. WHEREFORE, PREMISES CONSIDERED, Appellee prays that

this Court this Motion To Extend Time to File Appellee’s Brief, and for

such other and further relief as the Court may deem appropriate.

Respectfully Submitted,

Christopher M. Eaton Assistant County Attorney Guadalupe County, Texas 211 W. Court St. Seguin, Texas 78155 SBN:24048234 PHONE:830-303-6130 FAX: 830-379-9491 CERTIFICATE OF SERVICE

I certify that on the 28th day of October, 2015, I delivered a true and correct copy

of the foregoing motion was served on opposing counsel Susan Schoon, via email at

sschoon@zslawoffice.com.

_______________________ Christopher M. Eaton Assistant County Attorney Guadalupe County, Texas 211 W. Court St. Seguin, Texas 78155 SBN:24048234 PHONE:830-303-6130 FAX: 830-379-9491