Rudy Cortinas v. State

ACCEPTED
07-15-00249-CR
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
11/5/2015 2:27:48 PM
Vivian Long, Clerk
IN THE COURT OF APPEALS FOR THE
SEVENTH DISTRICT OF TEXAS
AMARILLO, TEXAS FILED IN
7th COURT OF APPEALS
AMARILLO, TEXAS
No. 07-15-00249-CR 11/5/2015 2:27:48 PM
VIVIAN LONG
RUDY CORTINAS, § CLERK
APPELLANT § From the 432ND District Court
§ Tarrant County, Texas
§ Trial Case No. 1345818D
THE STATE OF TEXAS, §
APPELLEE
MOTION FOR FIRST EXTENSION OF TIME
FOR FILING THE APPELLANT'S BRIEF ON APPEAL
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
COMES NOW, Appellant Rudy Cortinas, by and through his court appointed attorney,
Richard A. Henderson for the above entitled appeal requests the Court to grant a first extension
of time for filing Appellant's brief and moves as follows:
I.
The Court in which the case is pending on appeal is from the 432°d District Court of
Tarrant County, Texas and the number and style of this case in such trial court is The State of
Texas v. Rudy Cortinas, No. 1345818D.
II.
The appeal arises from Appellant's offense of Possession of a Controlled Substance of
Less Thanone Gram, Namely: Methamphetamine, of which the court sentenced defendant to
seven (7) years to be served at the Institutional Division of the Texas Department of Criminal
Motion for First Extension of Time For Filing of Appellant's Brief on Appeal Page 1
Justice.
The Appellant is currently incarcerated at the Tarrant County Jail, Fort Worth, Texas.
Iv.
On September 25, 2015, Richard A. Henderson was appointed by the Court to represent
the Defendant on his appeal.
V.
The Supplemental Reporter's Record was filed on October 8, 2014 and the Supplemental
Clerk's Record was filed on September 30, 2015; therefore, Appellant's brief was due to be filed
on October 30, 2015.
VI.
The Appellant's attorney completed and filed the brief on Leticia Bled vs. The State of
Texas, 02-15-00120-CR, the record was very large and complex; counsel attended a capital
murder seminar in Santa Fe, NM on October 28-30, 2015; counsel had an unexpected event in
San Antonio on October 31 - November 4, 2015. In addition, other legal work has prevented
the undersigned from starting Appellant's brief by its due date.
VII.
The Appellant's extension is not requested for purposes of delay but rather to adequately
address the legal issues that needs to be presented in Appellant's brief.
VIII.
Counsel for Appellant respectfully requests a thirty (30) day extension of time to file her
brief having a due date of filing Appellant's brief on or about November 29, 2015.
Motion for First Extension of Time For Filing of Appellant's Brief on Appeal Page 2
PREMISES CONSIDERED, the Appellant respectfully requests the Court to grant this
Motion for First Extension of Time for Filing the Appellant's Brief and ordered due date of
November 29, 2015.
Respectfully submitted,
RICHARD A. HENDERSON P.C.
Two City Place
100 Throckmorton Street, Suite 540
Fort Worth, Texas 76102
Telephone: 817-332-9602
Facsimile: 817-335-3940
( e C-4- ~
Rc rd A. Hen erson
State Bar No. 09427100
ATTORNEY FOR APPELLANT
Certificate of Conference
The Attorney's secretary for Appellant spoke with Cindy at the Tarrant County District
Attorney's Office in Post-Conviction on November 5, 20 n was inf6fined that the State will
not oppose the filing of appellant's first extension to
A. Henderson
Certificate of Service
A true and foregoing Motion for First Extension of Time to File Appellant's Brief on
Appeal has been served an electronic copy to Debra Windsor, Post Conviction, Assistant
Criminal District Attorney and mailed to Appellant, Rudy Cortinas, CID40259844, Tarrant
County Jail, 100 N. Lamar Street, Fort Worth, Texas 102 on thi the 5th day November
2015.
N,7
Ward A. Henderson
Motion for First Extension of Time For Filing of Appellant's Brief on Appeal Page 3