IN THE COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT OF TEXAS

AARON GERARD RODRIGUEZ

VS. NO. 04-15-00401-CR

STATE OF TEXAS

SECOND MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellant, Aaron Gerard Rodriguez, and 

respectfully moves the Court to extend the time for filing the Brief for 

Appellant for 30 days, until December 12, 2015, and in support of said 

motion would show the Court as follows:

I. 

This is an appeal from a judgment adjudicating guilt, revoking 

community supervision, and assessing a 20-year sentence. Appellant was 

sentenced in Cause No. 2011-CR-6071, styled State of Texas v. Aaron 

Gerard Rodriguez, on June 2, 2015, in the 144th District Court of Bexar 

County, Texas, Hon. Lorina Rummel presiding. 

ACCEPTED

04-15-00401-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/12/2015 9:31:43 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/15 9:31:43 AM KEITH E. HOTTLE Clerk
II.

No motion for new trial was filed. Appellant’s notice of appeal was 

timely filed on June 22, 2015. 

III

The clerk’s record of the trial was filed electronically with the Court 

of Appeals on July 20, 2015. The reporter’s record (2 volumes by Kay 

Gittinger) was filed electronically on September 10, 2015. 

Appellant’s brief is due on November 12, 2015. This motion is 

timely, pursuant to Rule 38.6(d), T.R.A.P. One prior request for an 

extension to file Appellant’s brief has been filed and granted.. 

IV.

Appellant requests a 30-day extension to file his brief, until December

12, 2015. During the previous month, counsel has e-filed his briefs in the 

following case: (1) No. 04-15-00382-CR, Richard Salas v. State of Texas,

filed October 21, 2015, and (2) No. 04-15-00289-CR, Rodney Joe Garrett v. 

State of Texas, filed on November 9, 2015. Counsel is presently working on 

his brief in Nos. 04-15-00420-CR & 04-14-00421-CR, Jose Luis GarzaRamirez v. State of Texas. During the previous month, counsel has also filed 

his response to order proposing to dismiss appeal in No. 04-15-00592-CR, 

David Devan Trevino v. State of Texas, filed November 2, 2015.
V.

Extenuating Circumstances. The undersigned attorney has been the 

sole appellate attorney in the Bexar County Public Defender’s Office since 

September 24, 2015, when the employment of other appellate counsel in this 

office ended and he assumed representation in all but two of the other 

attorney’s cases. This effectively more than doubled the undersigned 

counsel’s caseload, a situation which will continue until a replacement 

counsel his hired. The last two briefs which the undersigned counsel filed 

were from the other attorney’s caseload, and the Rodney Joe Garrett 

reporter’s record consists of 12 volumes, necessitation a lengthy preparation 

time. 

WHEREFORE, the Appellant requests this Court to extend the time 

for filing the brief for Appellant until December 12, 2015.

Respectfully submitted,

/s/ Michael D. Robbins

MICHAEL D. ROBBINS

Assistant Public Defender

Paul Elizondo Tower

101 W. Nueva St., Suite 370 

San Antonio, Texas 78205

(210) 335-0701

FAX (210) 335-0707

mrobbins@bexar.org

Bar No. 16984600

ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and 

foregoing first motion to extend time to file brief has been emailed to the 

Bexar County District Attorney’s Office, Appellate Division, Paul Elizondo 

Tower, 101 W. Nueva St., Suite 710, San Antonio, Texas 78205; on 

November 12, 2015.

/s/ Michael D. Robbins

MICHAEL D. ROBBINS

Assistant Public Defender