Nos. 01-13-00447-CR

In the 

Court of Appeals 

For the 

First Judicial District of Texas 

At Houston 



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: 

 

ACCEPTED

01-13-00447-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/2/2015 3:03:09 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/2/2015 3:03:09 PM CHRISTOPHER A. PRINE Clerk
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