ACCEPTED
03-14-00617-CR
4589066
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/20/2015 6:04:15 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00617-CR
NATHANIEL PAUL FOX § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. § DISTRICT 3/20/2015
COURT6:04:15
OF PM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S SECOND 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 12 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was indicted by a grand jury on March 13, 2013 for the charges of
Murder and Aggravated Assault of a Family or Household Member with a Deadly
Weapon in CR2013-091. Appellant filed his brief on January 22, 2015. After its
first extension was granted by the Court, the State’s brief is currently due on March
25, 2015.
II.
I am handling the appeal for the State in this case. Since the first extension I
have worked on two expunctions which have required a significant amount of
research. I have also prepared a response related to a contest of an affidavit of
indigence in 03-15-00107-CV on March 12th, and performed several other day-to-
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day tasks for the office. I have read through the record in the instant case and I am
preparing the State’s brief, but I will be out of the country performing manual work
from March 21st to March 30th, and I am not sure I will have the access or ability to
electronically file the State’s brief overseas. I plan on completing the State’s brief
while I am out of the office, and respectfully request an extension of 12 days to file
the State’s brief in the instant cause. This is the second extension sought by
Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 12 days, until April 6, 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 State’s Second Motion
to Extend Time to File Brief has been delivered to Appellant NATHANIEL PAUL
FOX’s attorney in this matter:
Paul A. Finley
pfinley@reaganburrus.com
Reagan Burrus PLLC
401 Main Plaza, Suite 200
New Braunfels, TX 78130
Counsel for Appellant on Appeal
By electronically sending it to his above-listed email address through
efile.txcourts.gov, this 20th day of March, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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