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No. PD-_______

In the

Court of Criminal Appeals of Texas



No. 01-12-00688-CR

In the First Court of Appeals of Texas



No. 1348372

In the 178th District Court

Of Harris County, Texas



RAUL RODRIGUEZ

Appellant

v.

THE STATE OF TEXAS

Appellee



STATE’S MOTION FOR EXTENSION OF TIME 

TO FILE PETITION FOR DISRETIONARY REVIEW 



To the Honorable Court of Criminal Appeals: 

 The State of Texas, pursuant to TEX. R. APP. P. 10.5 and 68.2, moves for an 

extension of time in which to file its petition for discretionary review. The 

following facts are relevant: 

PD-0016-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 1/1/2015 4:48:39 PM

Accepted 1/12/2015 3:20:31 PM

ABEL ACOSTA

CLERK
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1. The appellant was indicted for murder. (CR 2). The appellant pled not 

guilty. (3 RR 300). A jury found him guilty as charged. (CR 2376, 

2393). The jury assessed punishment at forty years’ confinement. 

(CR 2392, 2393). The trial court certified the appellant’s right of 

appeal, and the appellant filed a timely notice of appeal. (CR 2395, 

2398).

2. The First Court of Appeals reversed the conviction in a published 

opinion and ordered that the appellant be remanded for a new trial.

Rodriguez v. State, 01-12-00688-CR, 2014 WL 7205226 (Tex. App.—

Houston [1st Dist.] Dec. 18, 2014, no. pet. h.)

3. The deadline for filing a petition for discretionary review is January 

20, 2015. The State requests a 30-day extension of time in which to 

file its brief, giving a deadline of February 19, 2015. 

4. This is the State’s first motion for extension in this case.

5. The following facts are relied upon to show good cause for an

extension of time to allow the State to file its petition:

a. The appellate record in this case is extraordinary for a noncapital case: The reporter’s record is 29 volumes, the appellant 

raised 22 points of error, the briefing of the parties contains 

more than 62,000 words, and the Court of Appeals’s opinion 

was released as a 39-page PDF. Writing a PDR for this case will 

take a considerable amount of time. 
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b. Since the Fourteenth Court released its second opinion in this 

case on December 18, 2014, the undersigned attorney has 

submitted two appellate briefs:

1. Rodney Wayne Allen

No. 14-13-01030-CR

Post-submission brief filed December 19, 2014

2. Shane Allen Mikel

No. 01-14-00277-CR

Brief filed December 31, 2014

c. The undersigned attorney was out of the office for the week of 

December 22-26 for Christmas celebrations and to plan and 

attend a memorial service for a family member.

d. Prior to the due date in this case, the undersigned attorney has 

three briefs due in the local courts of appeals (which have 

already granted multiple extensions on two of these cases), 

another petition for discretionary review due in this Court 

(which has stated that no further motions for extension will be 

granted in that case), and an oral argument scheduled in a local 

court of appeals:

1. Brian Wei

No. PD-1613-14

Petition due January 7, 2015 (1 extension already granted)

2. Octaviano Isralel Sanchez

Nos. 14-14-00003-CR et seq.

Oral argument set for January 8, 2015

3. Cedric Hopes

No. 14-14-00403-CR

Brief due January 14, 2015 (2 extensions already granted)

4. Jose Treto

No. 14-14-00369-CR

Brief due January 15, 2015
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5. Eric Baumgart

No. 01-14-00320-CR

Brief due January 20, 2015 (2 extensions already granted)

e. The undersigned attorney has one other case assigned to him 

for which the brief is due slightly after the current due date of 

this PDR. 

1. Aaron Charles Burton

Nos. 01-14-00513-CR & 01-14-00514-CR

Brief due January 28, 2015

f. The undersigned attorney’s caseload — eight cases with active 

due dates — is consistent with that of other appellate 

prosecutors in the Harris County District Attorney’s office, thus 

offloading this work to others is not a realistic possibility. 

WHEREFORE, the State prays that this Court will grant the requested 

extension to February 19, 2015.

Respectfully submitted,

CLINTON A. MORGAN

Assistant District Attorney

Harris County, Texas

1201 Franklin, Suite 600

Houston, Texas 77002-1923

(713) 755-5826

morgan_clinton@dao.hctx.net

TBC No. 24071454
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CERTIFICATE OF SERVICE

I certify that I have requested that efile.txcourts.gov electronically serve 

a copy of this motion to:

Neal Davis

NDavis@SDRFirm.com

Jonathan Landers

JLanders.law@gmail.com

CLINTON A. MORGAN

Assistant District Attorney

Harris County, Texas

1201 Franklin, Suite 600

Houston, Texas 77002-1923

(713) 755-5826

morgan_clinton@dao.hctx.net

TBC No. 24071454

Date: January 1, 2015