Rodney Earl Burnett v. State

Opinion

ACCEPTED 01-15-00533-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/23/2015 2:34:21 PM CHRISTOPHER PRINE CLERK

No. 01-15-00533-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS For the 9/23/2015 2:34:21 PM First Judicial District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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No. 1416217 In the 180th District Court of Harris County, Texas

RODNEY EARL BURNETT Appellant v. THE STATE OF TEXAS Appellee

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.1(a)

and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for

extension of time in which to file the State’s brief in this case, and, in support thereof,

presents the following: 1. In the 180th District Court of Harris County, Texas, in The State of Texas v.

Rodney Earl Burnett, Cause Number 1416217, appellant was charged with

aggravated robbery.

2. Appellant was sentenced to incarceration for life.

3. The State’s brief was due on September 23, 2015.

5. An extension of time in which to file the State’s brief is requested until October

23, 2015.

6. No previous extension has been requested by the State.

7. The facts relied upon to explain the need for this extension are:

a) The undersigned attorney was assigned this case on September 1, 2015.

b) Since assigned this case, the undersigned attorney finished writing the

State’s briefs in the following case:

(1) Cause Number 14-15-00503-CR, The State of Texas, Appellant, v. Pastor

Isreal Diaz-Bonilla, Appellee, which involved one point of error.

c) The undersigned attorney is also currently engaged in the preparation of the

State’s Brief in the following appellate cause numbers:

(1) Cause Number 01-14-00885-CR, Abner Washington, Appellant v. The State

of Texas, Appellee, which involves one point of error;

(2) Cause Numbers 01-15-00324-CR and 01-15-00325-CR, Astin Chavers

Clark, Appellant v. The State of Texas, Appellee, which involves one point of

error; (3) and Cause Number 14-14-00375-CR, Frank Distefano, Appellant, v. The

State of Texas, Appellee, which involves three points of error.

WHEREFORE, the State prays that this Court will grant an extension of time until

October 23, 2015 in which to file the State’s brief in this case.

Respectfully submitted,

/s/ Carly Dessauer ________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CARLY DESSAUER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24069083 dessauer_carly@dao.hctx.net CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served to

appellant’s attorney on September 23, 2015 through TexFile:

Joseph Varela 2500 East T.C. Jester Blvd., Suite 247 Houston, Texas 77008 jwvarela@gmail.com

/s/ Carly Dessauer ________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CARLY DESSAUER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24069083 dessauer_carly@dao.hctx.net curry_alan@dao.hctx.net Date: September 23, 2015