Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/15 9:31:43 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00401-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/2015 9:31:43 AM KEITH HOTTLE CLERK 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 144 th District Court of Bexar
County, Texas, Hon. Lorina Rummel presiding.
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 Garza-
Ramirez 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 *4 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 Def ender