ACCEPTED
01-14-00561-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/13/2015 6:43:28 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-14-00561-CR
JONATHAN ROSARIO § FILEDCOURT
IN THE FIRST IN
1st COURT OF APPEALS
§ HOUSTON, TEXAS
V. § OF 6:43:28
1/13/2015 APPEALSPM
§ CHRISTOPHER A. PRINE
Clerk
THE STATE OF TEXAS § HOUSTON, TEXAS
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
COMES NOW JONATHAN ROSARIO, the Appellant in the above styled and
numbered cause, and pursuant to Rule 10 of the Rules of Appellate Procedure files
this Motion requesting that the Court extend the time for filing the Appellant’s brief
in this cause, and in support shows as follows:
A.
1. The case is on appeal from the 186th District Court, Bexar County, Texas.
2. The style and number of the case in the trial court is State v. Jonathan Rosario,
Cause No. 2013-CR-5658.
3. The Appellant was charged with the offense of murder.
4. Punishment was assessed at imprisonment for 40 years.
5. The present deadline for filing the Appellant’s brief is January 29, 2015.
6. The Appellant seeks an extension of time of 90 days until April 29, 2015.
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7. This is the Appellant’s first motion for extension of time by undersigned
counsel to file the Appellant’s brief.
B.
This extension is not sought for the purpose of delaying this appeal, but for
the following reason:
1. Counsel would show that counsel has been preparing for a January 26, 2015
federal white collar trial in United States v. Worsham in the Western District
of Texas; has also been preparing for a capital murder trial in State v. Ramos
on January 30, 2015 in the 290th District Court, Bexar County, Texas; counsel
has a brief due on January 30, 2015 in a death penalty case in the Fifth Circuit
in Castillo v. Stephens; counsel has a federal trial in the Western District of
Texas in United States v. Alderete on February 2, 2015; counsel has a
clemency petition due in a capital murder trial in State v. Garza on February
13, 2015; counsel has a trial in County Court No. 4, Bexar County, Texas in
State v. Hewitt on February 27, 2015; counsel has a trial in County Court No.
12, Bexar County, Texas in State v. Olson on March 3, 2015; counsel has a
trial in a federal case in the Western District of Texas in United States v. Bailes
on March 9, 2015; counsel has a felony set for trial in the 216th District Court
in State v. Jeffrey on March 17, 2015; and counsel has a federal trial set for
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March 30, 2015 in United States v. Mazaheri in the Western District of Texas.
2. The Appellant needs additional time in the case at bar to review the record and
to conduct the necessary research to adequately prepare the Appellant’s brief.
C.
On January 12, 2015, counsel conferred with counsel for the State, Jay
Brandon, and he stated that he is unopposed to the granting of this motion.
WHEREFORE, PREMISES CONSIDERED, Counsel for the Appellant prays
that the Court grant an extension of time up to and including April 29, 2015 for filing
the Appellant’s brief.
Respectfully submitted,
GROSS & ESPARZA, P.L.L.C.
/s/ Michael C. Gross
Michael C. Gross
State Bar No. 08534480
106 South St. Mary’s Street, Suite 260
San Antonio, Texas 78205
(210) 354-1919
(210) 354-1920 Fax
Attorney for the Appellant,
JONATHAN ROSARIO
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was emailed to
Enrico Valdez at jeanette.canales@bexar.org on the 13th day of January 2015.
/s/ Michael C. Gross
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