ACCEPTED
03-14-00669-CR
4155039
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/14/2015 4:33:44 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00669-CR
EX PARTE § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
§ DISTRICT 2/17/2015
COURT12:00:00
OF AM
JEFFREY D. KYLE
JUSTIN CARTER § APPEALS OF TEXAS Clerk
STATE’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES 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 20 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was indicted by a grand jury on April 10, 2013 for the charge of
Terroristic Threat under § 22.07 of the Texas Penal Code, a third-degree felony.
Appellant’s case – Cause Number CR2013-159 – is currently pending in the 207th
Judicial District Court of Comal County, Texas. Appellant filed several motions
and a pretrial writ of habeas corpus, which the State answered in a consolidated
response filed on August 26, 2014. After the trial court denied Appellant’s
application, he filed a notice of appeal in this Court, with his brief initially being
due on January 12, 2015. After Appellant’s motion for extension was granted,
Appellant submitted his brief on January 26, 2015. The State’s brief is currently
due on February 17, 2015.
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II.
Ms. Chari Kelly – the Assistant District Attorney who is prosecuting this
case at trial – is handling the appeal for the State. From February 2nd to February
10th, Ms. Kelly sat first chair in Cause Number CR2014-090, a case involving
charges of Attempted Capital Murder, Aggravated Kidnapping, Aggravated Sexual
Assault, Aggravated Robbery, and Tampering with Physical Evidence.
Immediately after that trial, Ms. Kelly sat with another attorney in Cause Numbers
CR2013-071 and -072, involving multiple charges of Continuous Sexual Abuse
and Indecency with a Child. Ms. Kelly is currently preparing to try a case
beginning on February 17th in Cause Number CR2011-399, involving charges of
Attempted Murder, Aggravated Assault with a Deadly Weapon and Tampering.
Ms. Kelly has not yet had an opportunity to begin working on the appeal in the
instant case, and in light of the foregoing, the State respectfully requests that the
Court grant her a 20-day extension to file the Appellee’s Brief. This is the first
extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 20 days, until March 9, 2015, so that an
adequate response may be made to Appellant’s brief. This extension is not
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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 State’s First Motion to
Extend Time to File Brief has been delivered to Appellant JUSTIN CARTER’s
attorney in this matter:
Chad P. Van Brunt
vanbruntlaw@live.com
210 S. St. Mary’s Street
Suite 1840 – Tower Life Bldg.
San Antonio, TX 78205
Counsel for Appellant on Appeal
By electronically sending it to his above-listed email address through
eFileTexas.gov, this 14th day of February, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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