ACCEPTED
03-14-00617-CR
4798555
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/7/2015 6:01:17 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 4/7/2015
COURT OF PM
6:01:17
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S THIRD 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 seven (7) 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 and second extensions (for 30 and 12 days, respectively) were granted by the
Court, the State’s brief is currently due on April 6, 2015.
II.
I am handling the appeal for the State in this case. Although I hoped to
complete a good deal of the brief while on a 10-day vacation, much of my trip
overseas involved volunteer manual labor, and I was unable to perform significant
work until my return to the office on March 31st. In addition to my office
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responsibilities – lately involving requests for findings of fact, motions for new
trial and preparations for potential State’s appeals in multiple cases – I have been
working diligently on the brief in the instant case since my return. I worked from
my office on said brief during all three days I was technically off this past
weekend. While I had planned to electronically file the brief last night before
midnight, our county offices had issues with our internet service provider for most
of yesterday evening and today until around 4:10 p.m. I eventually went home to
access a legal database. I have completed the majority of the State’s brief, but I
respectfully request an extension of seven days to file said brief, to further ensure
time for a colleague to review it. This is the third extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of seven (7) days, until April 13, 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 Third 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 7th day of April, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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