ACCEPTED
01-15-00533-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/23/2015 2:34:21 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00533-CR
In the FILED IN
Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the 9/23/2015 2:34:21 PM
First Judicial District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 1416217
In the 180th District Court of
Harris County, Texas
RODNEY EARL BURNETT
Appellant
v.
THE STATE OF TEXAS
Appellee
STATE’S 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 motion for
extension of time in which to file the State’s brief in this case, and, in support thereof,
presents the following:
1. In the 180th District Court of Harris County, Texas, in The State of Texas v.
Rodney Earl Burnett, Cause Number 1416217, appellant was charged with
aggravated robbery.
2. Appellant was sentenced to incarceration for life.
3. The State’s brief was due on September 23, 2015.
5. An extension of time in which to file the State’s brief is requested until October
23, 2015.
6. No previous extension has been requested by the State.
7. The facts relied upon to explain the need for this extension are:
a) The undersigned attorney was assigned this case on September 1, 2015.
b) Since assigned this case, the undersigned attorney finished writing the
State’s briefs in the following case:
(1) Cause Number 14-15-00503-CR, The State of Texas, Appellant, v. Pastor
Isreal Diaz-Bonilla, Appellee, which involved one point of error.
c) The undersigned attorney is also currently engaged in the preparation of the
State’s Brief in the following appellate cause numbers:
(1) Cause Number 01-14-00885-CR, Abner Washington, Appellant v. The State
of Texas, Appellee, which involves one point of error;
(2) Cause Numbers 01-15-00324-CR and 01-15-00325-CR, Astin Chavers
Clark, Appellant v. The State of Texas, Appellee, which involves one point of
error;
(3) and Cause Number 14-14-00375-CR, Frank Distefano, Appellant, v. The
State of Texas, Appellee, which involves three points of error.
WHEREFORE, the State prays that this Court will grant an extension of time until
October 23, 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’s attorney on September 23, 2015 through TexFile:
Joseph Varela
2500 East T.C. Jester Blvd., Suite 247
Houston, Texas 77008
jwvarela@gmail.com
/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: September 23, 2015