Samuel Espinoza Rodriguez v. State ( 2015 )

ACCEPTED
01-13-00447-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/2/2015 3:03:09 PM
CHRISTOPHER PRINE
CLERK
Nos. 01-13-00447-CR
In the FILED IN
Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the 2/2/2015 3:03:09 PM
First Judicial District of Texas CHRISTOPHER A. PRINE
At Houston Clerk

Nos. 1356098
In the 182nd District Court of
Harris County, Texas

SAMUEL ESPINOSA RODRIGUEZ
Appellant
v.
THE STATE OF TEXAS
Appellee

STATE’S RESPONSE AND 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 response to this
Court’s notice of late brief and 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.
4. On January 28, 2015, this Court issued a notice of late brief.
a. The State, through the undersigned attorney, intends to file a brief in this
case, cause number 01-13-00447-CR.
b. On January 20, 2015, the undersigned attorney requested an extension of
time in which to file the State’s brief under this cause number as well as
cause number 01-13-00448-CR until February 19, 2015 (see attached
appendix).
c. While the undersigned attorney timely filed an extension for both cases
with the same motion, the attorney overlooked that an extension of time
absent extraordinary circumstances was only granted in cause number
01-13-00448-CR and not in cause number 01-13-00447-CR.
d. The undersigned attorney prays that this Court extend the due date for
the State’s brief until February 19, 2015, the date to which this Court
granted an extension for this case’s companion cause number.
6. The facts relied upon to explain the need for this extension are:
a) 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.
b) 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 14-14-00473-CR, Jimmy Earl Van-Cleave, Appellant v. The
State of Texas, Appellee, which involves two points of error and four
volumes of the reporter’s record;
(3) 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
(4) 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.
ii) The undersigned attorney has been out of the office while sick at the end of
January and received this Court’s notice of late brief only upon returning to
the office.
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 February 2, 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: February 2, 2015