                                                                                                   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
