Jacob Cory Gonzales v. State ( 2014 )

ACCEPTED
04-14-00222-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
12/29/2014 12:02:53 PM
KEITH HOTTLE
CLERK
NO. 04-14-00222-CR
FILED IN
STATE OF TEXAS § IN THE 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
§ 12/29/2014 12:02:53 PM
VS. § Fourth COURT KEITH E. HOTTLE
§ Clerk
JACOB CORY GONZALES § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANTS BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Jacob Cory Gonzales, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,
and for good cause shows the following:
1. This case is on appeal from the 144th Judicial District Court of Bexar
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Jacob Cory
Gonzales. and numbered 2011-CR-8528A.
3. Appellant was convicted of Murder.
4. Appellant was assessed a sentence of 20 years in TDCJ on February
27,2014.
5. Notice of appeal was given on April 2, 2014.
6. The clerk's record was filed on May 7, 2014; the reporter's record was
filed on October 3, 2014.
7. The appellate brief is presently due on January 2, 2015.
8. Appellant requests an extension of time of 14 days from the present
date to January 16, 2014.
9. Two extensions to file the brief have been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
According to Volume 6, pages 149, 150, of the reporter's record, State
Exhibit #96 was included as part of the appellate record by the trial judge. Exhibit
#96 is a complete DVD recording of Appellant and his statement while at the
police station. Only the redacted version of the DVD has been included with the
reporter's record. Appellate counsel left a letter with the Clerk of the 144th District
Court on 12/29/2014 addressed to the court reporter requesting that the record be
supplemented to include State Exhibit #96. A copy is attached.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time to File Appellant's Brief, and for such
other and further relief as the Court may deem appropriate.
Respectfully submitted,
Mario A. Trevino
315 S. Main
San Antonio, Texas 78204
Tel: (210) 226-0026
Fax:(210)226-8402
BV: A-
Mario A. Trevino
State Bar No. 202 11 250
trevinomtrev@aol.com
Attorney for Jacob Cory Gonzales
CERTIFICATE OF SERVICE
This is to certify that on December 29, 2014, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Bexar
County, Texas, by personal delivery.
Mario A. Trevino
Mario A. Trevino
Attorney at Law
315 South Main Street • San Antonio, Texas 78204
Office: (210) 226-0026 • Fax: (210) 226-8402 • Email: trevinomtrev@aol.com
12/29/2014
Ms. Kay Gittinger
Official Court Reporter, 144th District Court
Cadena-Reeves Justice Center
300 Dolorosa
San Antonio, Texas 78205
RE: 2011-CR-8528 A
State of Texas v. Jacob Cory Gonzales
4th Court of Appeals - 04-14-00222-CR
Exhibit #96 missing from appellate record
Dear Ms. Gittinger:
According to Volume 6, pages 148 - 150, of the Reporter's Record filed in this case, State's
Exhibit #96 was included as part of the appellate record. I have read the Reporter's Record as
filed as well as viewed the Exhibits and cannot find Exhibit #96. I checked with the Clerk's
Office of the 4th Court of Appeals and Exhibit #96 was not included. Please file in the 4th Court
of Appeals a supplemental reporter's record containing the omitted Exhibit#96.
Please feel free to call me at any time.
Sincerely,
Mario A. Trevino
P.S. I have attached a copy of Vol. 6, pages 149 -150
149 150
1 MS. SAENZ: You want us to redact it 1 THE BAILIFF: I'll get him right now.
2 again? 2 (Defendant entered)
3 THE COURT: I do. I want you to take out 3 THE COURT: Let the record reflect that
4 the question, Have you ever been in trouble before, or 4 the defendant, his counsel, and counsel for the State
5 whatever it was that led to that answer. 5 are present in open court.
6 (A pause in the proceedings) 6 You can just come up here and have a seat,
7 THE COURT: All right. The State has been 7 ma'am.
8 attempting to redact portions of Exhibit 96 so as to 8 (Witness entered the witness stand)
9 meet my approval. They haven't gotten there yet. It's 9 THE COURT: I made a statement for the
10 3:00 in the afternoon. The -- I suggest that we admit 10 record a while ago, not noticing that the defendant was
11 State's Exhibit 96, for the record only, so that any 11 not in the courtroom. He's entitled to be here when we
12 appellate court will know what we're talking about, and 12 are doing anything relevant to his case. What I did was
13 that when we get a redacted copy that the jury will see, 13 I told the lawyers that since we do not yet have a
14 we give it a new number. They're not going to remember 14 redacted copy of the defendant's statement to police
15 what number you said earlier. 15 that — that satisfies me, we're going to go on to
16 And I further suggest that we go ahead and 16 another witness.
17 proceed with the -- I understand the decedent's mother 17 Mrs. Cooper is here. We will hear her
18 is a — is a witness and is here, and that also a 18 testimony this afternoon. We will hear also the autopsy
19 doctor, I presume, an autopsy physician is going to be 19 physician this afternoon, and then we will quit for the
20 here at 3:30. And with — that will be our last witness 20 day. And the witness who was on the stand when I
21 for the day. We'll bring the detective back Monday. 21 declared a recess earlier will be heard next week. And
22 Are we ready for the jury? 22 I suggested that we — and have received 96 in evidence
23 MR. SMITH: Your Honor, my client is -- 23 for the record only, and then when a redacted copy is
24 THE COURT: Oh, he's not here. You're 24 properly presented, I will give that a new number.
25 right. 25 Okay. Bring the jury, please.
KAY GITTINGER, CSR, RPR KAY GITTINGER, CSR, RPR
144TH DISTRICT COURT BEXAR COUNTY, TEXAS 144TH DISTRICT COURT BEXAR COUNTY, TEXAS