Rex Allen Nisbett v. State

ACCEPTED 03-14-00402-CR 6383562 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/6/2015 11:39:30 AM JEFFREY D. KYLE CLERK NO. 03-14-00402-CR REX ALLEN NISBETT § IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS v. § THIRD DISTRICT 8/6/2015 11:39:30 AM § JEFFREY D. KYLE STATE OF TEXAS § Clerk TEXAS AUSTIN, MOTION FOR EXTENSION OF TIME TO FILE BRIEF NOW COMES THE STATE OF TEXAS, Appellee, by and through her Assistant District Attorney, John C. Prezas, and moves the Court, pursuant to Texas Rule of Appellate Procedure 38.6(d), to extend the deadline for filing the State’s brief. In support of its motion, the State would show the Court the following: 1. The State’s Brief in this case is due on August 7, 2015. 2. One previous extensions of time have been requested by the State and granted by this Court. 3. Appellant’s brief was filed in this Court on May 8, 2015. 4. Mr. Prezas plans to file proposed findings of fact and conclusion of law in Ex Parte Wendi Ann Tillman 06-1062-K368 on August 14, 2015, a response to the trial court regarding a request for DNA testing in State vs. Charles Lee 03-798-K277 on August 18, 2015, a State’s brief in State vs. James Allen Weatherford 03-14-00527- CR on August 31, 2015, and a State’s brief in State vs. Jim Jack Thompson 03-14- 00371-CR on September 15, 2015. 1 5. Since the previous extension was granted Mr. Prezas has made progress on researching the legal issues raised by Appellant in the instant case while also filing a State’s brief in response to Appellant’s pro se brief in cause State vs. James Allen Weatherford 03-14-00528-CR on August 3, 2015, answers and proposed findings of fact and conclusions of law in Ex Parte Samuel Jedediah Burleson 05-265- K277D and Ex Parte Samuel Jedediah Burleson 08-684-K26C, proposed findings of fact and conclusion of law in Ex Parte Steven M. Ruiz 12-1097-K26A, and answers in Ex Parte Joseph Paul Mayzone 93-070-K277A, Ex Parte Joseph Paul Mayzone 93-069-K277A, Ex Parte Victor Manuel Soto 13-1581-K26A, Ex Parte Edwin Gus Schneider 10-960-K26A, Ex Parte Timothy Jerrold Kipp 13-0658- K277A, and Ex Parte Timothy Jerrold Kipp 13-0622-K277A 6. For the foregoing reasons, The State respectfully requests that the deadline for filing its brief in the above stated cause be extended for an additional sixty (60) days from the current due date of August 7, 2015, to October 6, 2015. 2 WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully requests that this Court grant its motion for an extension of time and extend the State’s deadline to file its brief to October 6, 2015. Respectfully submitted, Jana Duty District Attorney Williamson County, Texas /s/ John C. Prezas John C. Prezas Assistant District Attorney State Bar Number 24041722 405 Martin Luther King #1 Georgetown, Texas 78626 (512) 943-1248 (512) 943-1255 (fax) jprezas@wilco.org Certificate of Service This is to certify that on August 6, 2015, a copy of the foregoing motion has been sent to Appellant’s attorney of record, Kristen, 207 S. Austin Ave., Georgetown, TX 78626, by eservice at Kristen@txcrimapp.com. /s/ John C. Prezas John C. Prezas 3