ACCEPTED
03-14-00695-CR
5870178
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/29/2015 4:57:39 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00695-CR
PAUL DANIEL CAMPBELL § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
v. § DISTRICT 6/29/2015
COURT4:57:39
OF PM
JEFFREY D. KYLE
THE STATE OF TEXAS § 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 30 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was charged by indictment with Intoxication Manslaughter with a
Vehicle, a second-degree felony. After his conviction by a jury – which also made
an affirmative finding of a deadly weapon – Appellant was sentenced to 17 years
of confinement in the Texas Department of Criminal Justice. Appellant’s brief was
initially due March 19, 2015. After two motions for extension were granted,
Appellant filed his brief on May 28, 2015. The State’s Brief is currently due on
June 29, 2015.
1
II.
I anticipate that I will handle the brief for the State in this case. I attended an
appellate law conference in Austin over three days at the end May, and I sat second
chair for oral argument in 03-14-00669-CR on June 3, 2015. I also helped review
and file another attorney’s brief in 03-14-00192-CR. I worked through the
weekend of the 13th to file the State’s brief before midnight on June 15 th in cause
number 03-14-00407-CR. I have had several expunctions and nondisclosures to
review, some of which required me to draft and file answers. I have also performed
research related to issues that came up for other attorneys in the office. I have
begun working on the State’s response in 03-14-00639-CR, which I hope to
complete on or shortly after the current deadline of July 2 nd, though I have had
several other issues arise in recent days that have required my attention. After
filing that brief, I will need to complete the State’s brief in 03-14-00818-CR.
Because of the foregoing, I have not yet been able to complete a significant amount
of work on a response, and respectfully request an extension of 30 days to file the
State’s brief in the instant cause. This is the first extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until July 29, 2015, so that an
2
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
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 PAUL DANIEL
CAMPBELL’s attorney in this matter:
Amanda Erwin
amanda@theerwinlawfirm.com
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 29th day of June, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
3