ACCEPTED
03-14-00695-CR
6878641
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/11/2015 8:49:47 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 9/11/2015
COURT8:49:47
OF AM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S AMENDED 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 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. Although
my original Third Motion mentioned that I first had to work on the State’s brief in
07-15-00151-CR, due to high number of appeals our office is handling, that appeal
was assigned late last night to another attorney. I can therefore begin working on
the instant appeal as soon as I finish addressing some habeas applications.
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. Although I will soon begin work on the instant case, I have not yet been
able to work on a response, 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 Amended 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 11th day of September, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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