ACCEPTED
04-15-00204-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/28/2015 10:47:41 AM
KEITH HOTTLE
CLERK
No.04-15-00204-CR
ROBERT RODRIGUEZ, Appellant )( IN THE FILED IN
)( 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
VS. }{ FOURTH COURT
10/28/15 10:47:41 AM
)(
KEITH E. HOTTLE
STATE OF TEXAS, Appellee )( OF APPEALS Clerk
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
Now comes the State of Texas, Appellee, in the above styled and numbered cause, and
moves this Court grant an extension of time to file Appellee’s Brief, pursuant to Rule 38.6 of
the Texas Rules of Appellant Procedure, and for good cause shows the following:
1. This case is on appeal from the Second 274th Judicial District Court. The case
is styled State of Texas v. Robert Rodriguez and the cause number was 13-
0979-CR-A.
2. Notice of Appeal was given on 03/16/15.
3. The clerk’s record was filed on 4/21/15 and the reporter’s record was filed on
6/22/15.
4. This is Appellee’s first request for an extension and no previous extensions
have been granted.
5. Appellant’s brief was filed September 28, 2015.
6. Appellee’s Brief is due October 28, 2015.
7. Appellee’s request a 35 day extension (until December 3rd, 2015). The State of
Texas asks for 35 days over the traditional 30 days because the 30th day
(November 28th) falls on the Saturday immediately following Thanksgiving
and counsel for the State will be in Dallas from November 26th through
November 29th.
8. Appellee relies on the following facts as good cause for the requested
extension:
a. Attorney for appellee is the regular appellant attorney for the
Guadalupe County Attorney’s Office, but also does some appellate
work for the Guadalupe County District Attorney’s Office as it
specifically request by that office. The request was made to this
attorney on September 29th, 2015.
b. As of October 2nd, neither the District Attorney’s Office nor the
Guadalupe County District Clerk had a copy of the reporter’s record.
Consequently, attorney for appellant had to make a request for the
record which was received by appellee on Friday October 2nd.
c. Attorney for appellee is also working on the State’s brief in Elias
Ramon-Sanchez v. State of Texas 14-15-00163-CR.
d. In addition, to his appellant duties, attorney for state is also the juvenile
prosecutor for the Guadalupe County Attorney’s Office, which requires
regular court appearances, including detention hearings three times a
week, weekly adjudication/disposition dockets, and bi-weekly drug
court dockets. In addition, this attorney is preparing for a certification
and transfer hearing in a capital murder case (In the Matter of L.M., J-
15-11). That hearing is set for November 20th
e. Attorney for appellee also handles the justice of the peace dockets for
Justices of the Peace No. 1, 2, and 3, with regular court appears for
each.
f. WHEREFORE, PREMISES CONSIDERED, Appellee prays that
this Court this Motion To Extend Time to File Appellee’s Brief, and for
such other and further relief as the Court may deem appropriate.
Respectfully Submitted,
Christopher M. Eaton
Assistant County Attorney
Guadalupe County, Texas
211 W. Court St.
Seguin, Texas 78155
SBN:24048234
PHONE:830-303-6130
FAX: 830-379-9491
CERTIFICATE OF SERVICE
I certify that on the 28th day of October, 2015, I delivered a true and correct copy
of the foregoing motion was served on opposing counsel Susan Schoon, via email at
sschoon@zslawoffice.com.
_______________________
Christopher M. Eaton
Assistant County Attorney
Guadalupe County, Texas
211 W. Court St.
Seguin, Texas 78155
SBN:24048234
PHONE:830-303-6130
FAX: 830-379-9491
Robert Rodriguez v. State
Combined Opinion