ACCEPTED
03-14-00695-CR
6859081
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/10/2015 9:27:53 AM
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 9/10/2015
COURT9:27:53
OF AM
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 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
August 31, 2015.
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II.
I anticipate that I will handle the brief for the State in this case. Since early
August, I have had to review five habeas corpus applications, some of which were
lengthy. Two applications required research to draft orders for the trial court, and I
filed an answer to another original application filed with the Court of Criminal
Appeals in WR-83,674-02. Additionally, I have gathered information on, reviewed
or prepared expunctions and nondisclosures, including several petitions in the last
month. I have also recently assisted other attorneys in the office with various issues
in their appeals. On September 8th I filed the State’s brief in 03-15-00079-CR. I
must review and potentially respond to another habeas application today, and
afterwards will need to work on the State’s brief in 07-15-00151-CR, currently due
September 14th. Furthermore, because of the increased volume of appeals in our
county, the Comal County Commissioner’s Court has recently improved funding
for a second appellate prosecutor position, which our office anticipates adding
around January 1, 2016. I have not yet been able to work on a response in the
instant case, and respectfully request an extension of 30 days to file the State’s
brief. This is the third extension sought by Appellee.
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III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until September 30, 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 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 10th day of September, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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