ACCEPTED
03-13-00794-CR
4189297
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/18/2015 10:36:28 AM
JEFFREY D. KYLE
CLERK
NO. 03-13-00794-CR
FRED YAZDI § IN THE COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
v. § THIRD DISTRICT
2/18/2015 10:36:28 AM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § AUSTIN, TEXAS
SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF
NOW COMES THE STATE OF TEXAS, Appellee, by and through her
Assistant District Attorney, 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 February 20, 2015.
2. One previous extensions of time have been granted by this Court.
3. The undersigned is the sole Assistant District Attorney in the Williamson County
District Attorney’s Office assigned to the appellate division, and must, in addition
to handling all writs of habeas corpus applications and direct appeals, advise the
trial prosecutors on motions to suppress, jury charges, issues that arise during trial,
and other legal matters as they come up during the course of the prosecution of a
case.
4. The undersigned Assistant District Attorney anticipates filing a State’s brief in 03-
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14-00622-CR State vs. Gregory Kelley with this Court on February 27, 2015
5. During the time given to prepare the State’s brief in this matter, the undersigned
Assistant District Attorney has filed findings of fact and conclusions of law in Ex
Parte Stephen Farrell Eikelboom, WR-81,534-01, WR-81,534-02, WR-81,534-03,
and Ex Parte Antonio Gonzalez Rodriguez 00-430-K368B, obtained and filed an
affidavit requested by the Court of Criminal Appeals in Ex Parte Cory Dale
Morgan WR-81,867-01, 12-1212-K368A, and filed a State’s Response to
Appellant’s Motion to Dismiss in State vs. Wachtendorf, 03-14-00633-CR.
6. The undersigned Assistant District Attorney seeks to balance upcoming deadlines
in this cause with those in Ex Parte Robert Jesse Padilla 06-921-K368A, Ex Parte
Daniel Robert Lock 97-780-K277A and 94-085-K277A, Ex Parte Edward
Lamoyne King 10-1235-K26A, State vs. Wachtendorf, 03-14-00633-CR, State v.
Mower 03-14-00094-CR,
7. 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 seventy five
(75) days from the current due date of February 20, 2015, to May 6, 2015.
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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 May 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 February 18, 2015, a copy of the foregoing motion was
sent to Appellant’s attorney of record, Ms. Linda Icenhauer-Ramirez, 1103 Nueces
Street, Austin, TX 78701, ljir@aol.com, by eservice.
/s/ John C. Prezas
John C. Prezas
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Fred Yazdi v. State
Combined Opinion