ACCEPTED
03-14-00570-CR
4759355
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/3/2015 1:27:02 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00570-CR
ERIC BYRON CRAYTON § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
VS. § DISTRICT 4/3/2015
COURT OF PM
1:27:02
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S 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 31 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted by a jury of Tampering with Physical Evidence on
August 11, 2014 in the 207th District Court of Comal County. The jury then
sentenced Appellant to 35 years confinement in the institutional division of the
Texas Department of Criminal Justice. Appellant timely filed his notice of appeal
and filed his brief with the Court on February 2, 2015. The State’s brief is currently
due on April 3, 2015.
II.
Mr. Clayten Hearrell is handling this appeal for the State. Since the Court
granted the First Motion for Extension, Mr. Hearrell had a trial involving
aggravated robbery in early March. He had oral argument before the Court in 03-
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13-00347-CR on March 25, 2015. He had a trial involving Possession of a
Controlled Substance at the end of March, and beginning on April 6th, he will have
a juvenile murder jury trial expected to last two weeks. Although he has performed
additional research, Mr. Hearrell has not yet had an opportunity to complete the
State’s brief in this case, and in light of the foregoing, the State respectfully
requests that the Court grant him a 31-day extension to file the Appellee’s Brief.
This is the second extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 31 days, until May 4, 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 ERIC
BYRON CRAYTON’s attorney of record in this matter:
Richard E. Wetzel
wetzel_law@1411west.com
1411 West Avenue
Suite 100
Austin, TX 78701
Attorney for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov e-filing service this 3rd day of April, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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