ACCEPTED
03-14-00033-CR
3642503
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/5/2015 8:18:37 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00033-CR
MICHAEL MARRERO § IN THE THIRD
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
VS. § DISTRICT
1/5/2015COURT
8:18:37 AMOF
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF Clerk
TEXAS
SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes the State of Texas, Appellee in the above styled and numbered
cause, and moves for an extension of time of 53 days to file Appellee’s brief, and
for good cause would show the following:
I.
After Appellant’s pretrial motion to suppress was denied, he pled guilty to
the class “A” misdemeanor offense of Driving While Intoxicated and received a
one-year sentence in county jail, suspended for 15 months, along with a fine and
court costs. Appellant’s brief was originally due June 2, 2014. Appellant received
two extensions to August 18, 2014 before the appeal was abated for findings of
fact and conclusions of law. After the case was reinstated in the Third District
Court of Appeals on October 3, 2014, Appellant filed his brief on November 4,
2014. The State’s brief was originally due on December 4, 2014. The State’s first
motion for extension was granted, extending the deadline to January 5, 2015.
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II.
Abigail Whitaker is handling this case for the State on Appeal. The first
motion for extension was based on lack of notice. Although Ms. Braud – counsel
for Appellant – later verified that she had faxed a copy of her brief to the State’s
fax number the same day she filed it, whether due to a technical issue with the fax
machines or an office mix-up, none of the State’s attorneys familiar with the
appeal received notice until December 1, 2015, when I noticed the Court’s website
showed a brief had been filed.
In early December, Ms. Whitaker had a trial in cause number 2014CR0532.
She subsequently had a jury week on the 9-10th of December, and had to catch up
on intake through the 19th of December. After the holidays, as a misdemeanor
prosecutor she will handle several cases in court on January 6th and 7th, and her
vacation is scheduled from the 10th to the 17th of January. Upon her return, she will
handle 14 misdemeanor cases at the end of January. She will have court days on
February 3rd, 4th, 17th and 18th, and will have a jury week beginning on the 9th of
February. Ms. Whitaker anticipates a significant opening in her schedule near the
end of February. After conferring with the opposing party, counsel for Appellant
does not oppose the extension. Accordingly, in light of Ms. Whitaker’s workload
and the fact that Appellant’s sentence was suspended, the State respectfully
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requests an extension of 53 days, to February 27th, 2015. This is the second
extension sought by Appellee, and no more extensions will be requested.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 53 days, until February 27th, 2015, so that an
adequate response may be made to Appellant’s brief. This extension is not
requested for purposes of delay but so that justice may be done.
Respectfully submitted,
/s/ Joshua D. Presley
Joshua D. Presley
SBN: 24088254
preslj@co.comal.tx.us
Comal Criminal District Attorney’s Office
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130
Ph: (830) 221-1300 / Fax: (830) 608-2008
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CERTIFICATE OF SERVICE
I, Joshua D. Presley, assistant district attorney for the State of Texas,
Appellee, hereby certify that a true and correct copy of this Second Motion to
Extend Time to File Appellee’s Brief has been delivered to Appellant MICHAEL
MARRERO’s attorney of record in this matter:
Hallye Casey Braud
Attorney for Appellant on Appeal
hallye@dwidude.com
313 S. Main
San Antonio, TX 78205
By electronically sending it to the above email address through eFileTexas.gov e-
filing this 5th day of January, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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