Samuel Espinoza Rodriguez v. State

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: 01-13-00447-CR
• Status: Published

Opinion

ACCEPTED 01-13-00448-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/20/2015 9:51:53 AM CHRISTOPHER PRINE CLERK

Nos. 01-13-00447-CR & 01-13-00448-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS For the 1/20/2015 9:51:53 AM First Judicial District of Texas CHRISTOPHER A. PRINE At Houston Clerk

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Nos. 1356098 & 1356099 In the 182nd District Court of Harris County, Texas

SAMUEL ESPINOSA RODRIGUEZ 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 182nd District Court of Harris County, Texas, in The State of Texas v.

Samuel Espinoza Rodriguez, Cause Numbers 1356098 and 1356099, appellant

was charged with evading arrest and with aggravated assault.

2. Appellant was sentenced to fifty year incarceration in the Texas Department of

Criminal Justice for evading arrest and to life incarceration in the Texas

Department of Criminal Justice for aggravated assault.

3. The State’s brief was due on January 20, 2015.

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

19, 2015.

6. One 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 November 21, 2014;

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

writing the State’s briefs in the following cases:

(1) Cause Number 01-14-00296-CR, Bobby Eugene Easley, Appellant v. The

State of Texas, Appellee, which involves three points of error and six

volumes of the reporter’s record;

(2) Cause Number 01-13-00931-CR, Melissa Dromgoole, Appellant v. The State

of Texas, Appellee, which involves four points of error and thirteen

volumes of the reporter’s record; (3) Cause Number 01-13-00822-CR, Gregorio Guerrero, Appellant v. The State of

Texas, Appellee, which involves one points of error and three volumes of

the reporter’s record; and

(4) Cause Number 14-14-00152-CR, David Dean Harris, Appellant v. The State

of Texas, Appellee, which involves three points of error and fourteen

volumes of the reporter’s record.

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

State’s Brief in the following appellate cause numbers:

(1) Cause Numbers 01-14-00400-CR, Timothy Wayne Fisher, Appellant v. The

State of Texas, Appellee, which involves one point of error, with four

subpoints of error, and fifteen volumes of the reporter’s record;

(2) Cause Number 14-14-00386-CR, Rodney Rochell, Appellant v. The State of

Texas, Appellee, which involves one point of error and five volumes of

the reporter’s record;

(3) Cause Number 14-14-00473-CR, Jimmy Earl Van-Cleave, Appellant v. The

State of Texas, Appellee, which involves two points of error and four

(4) Cause Number 01-14-00581-CR, Brodies E. Myles, Appellant v. The State of

Texas, Appellee, which involves one points of error and four volumes of

the reporter’s record; and (5) Cause Number 01-14-00421-CR, Eric Dewayne Small, Appellant v. The State

of Texas, Appellee, which involves six points of error and eight volumes of

the reporter’s record.

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

February 19, 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 by mail on January 20, 2015:

Samuel Espinoza Rodriguez TDCJ # 1858964 Polunsky Unit-AD. Seg.-Death Row 3872 F.M. 350 South (12-0-75) Livingston, Texas 77351-8580

/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: January 20, 2015