ACCEPTED
03-14-00570-CR
5142306
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/4/2015 3:38:38 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 5/4/2015
COURT OF PM
3:38:38
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
THIRD 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 30 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 May 4, 2015.
II.
Mr. Clayten Hearrell is handling this appeal for the State. Since the Court
granted the Second Motion for Extension, Mr. Hearrell has been involved in a
juvenile murder trial styled In The Matter of S.M., a Juvenile. Those proceedings
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were stayed prior to closing arguments so that a Writ of Mandamus could be
pursued in Cause Number 03-15-00223-CV. An opinion was rendered on that Writ
of Mandamus on April 24, 2015. The trial on the merits in that juvenile murder
case resumed this morning, May 4, 2015 with closing arguments. Mr. Hearrell has
been focused on the Writ of Mandamus issue and the completion of this trial over
the course of the last month.
Additionally, during the week of April 13, 2015, Mr. Hearrell was afflicted
with food poisoning and was extremely ill for several days, and on April 18, 2015
Mr. Hearrell’s grandmother passed away, forcing him to travel out of state to
attend and assist with funeral arrangements.
The research in this case has been completed and Mr. Hearrell has almost
completed the arguments in the State’s brief. In light of the foregoing, the State
respectfully requests that the Court grant him a 30-day extension to file the
Appellee’s Brief. This is the third extension sought by Appellee. The Appellee
does not foresee any further requests for extensions
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 30 days, until June 3, 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
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 Third 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 4th day of May, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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