No s . 01 -13-004 47

- CR
In the Court of Appeals For the First Judicial District of Texas At Houston


No s . 1356098 In the 18 2nd District Court of Harris County, Texas


S AMUEL E SPINOSA R ODRIGUEZ

Appellant
v. T HE S TATE OF T EXAS 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

CLERK1. In the 18 2nd District Court of Harris County, Texas, in The State of Texas v.

Samuel Espinoza Rodriguez , Cause Numbers 13 56098 and 13 56099 , 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 , 201 5

. 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

cas e , 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 Februa ry 19 , 201 5 (see attached appendix )

.

c. While the undersigned attorney timely filed an extension for both cases with the same motion, the attorney overlooked that an exten sion 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 C o urt extend the due date for
the State ’ s brief until February 19, 2015 , the date to which this Cou rt 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 t he undersigned attorney was assigned this case, the attorney finished

w riting the State’s brief

s in the following cases: (1) Cause Number 01

- 1 4

- 0 0296

- CR, Bobby Eugene Easley , Appellant v. The State of Texas, Appellee , which involves t hree points of error and six volumes of the reporter’s record ; (2) Cause Number 01

- 13

- 00931

- CR, Meli ssa 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 point s 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 attorn ey is also currently engaged in the preparation of the
State’s Brief in the following appellate cause numbers: (1) Cause Number s 01

- 1 4

- 00 4 00

- CR, Timothy Wayne Fisher , Appellant v. The State of Texas, Appellee , which involves one point of error , with four subpo ints of error, and fifteen volumes of the reporter’s record ;(2) Cause Number 14

- 14

- 00473

- CR, J immy 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

- 00 581

- CR, Brodies E. Myles , Appellant v. The State of Texas, Appellee , which involves one poin ts of error and four volumes of the reporter’s record ; and (4) Cause Number 01

- 14

- 004 21

- 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 atto rney 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 , 201 5 in which to file the State’s brief in this case.

Respectfully submitted, /s/ 

# Carly Dessauer

______________________ _________________________________________________ ____________________________________________ _____________________________________________________________________________________________________________ C ARLY D ESSAUER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755

- 5826 State Bar No. 24069083 dessauer_carly@dao.hctx.netCERTIFICATE OF SERVICE

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

a ppellant 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 77 351

- 8580

/s/ 

# Carly Dessauer

______________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________________________ C ARLY D ESSAUER Assistant District Attorne y 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.h ctx.net Date: February 2, 2015