ACCEPTED
03-14-00095-CR
4753609
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/2/2015 4:42:48 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00095-CR
CHARLES VILLAREAL § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
VS. § DISTRICT 4/2/2015
COURT OF PM
4:42:48
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
THIRD MOTION TO EXTEND TIME TO FILE APPELLEE’S 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 28 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted of aggravated sexual assault of a child on January
15, 2014. Appellant’s brief was originally due on June 16, 2014; after filing five
motions for extension, Appellant filed his brief with the Court on December 3,
2014. The State’s Second Motion to Extend was granted and the State’s brief is
currently due on April 2, 2015.
II.
Ms. Chari Kelly is handling this appeal for the State. Ms. Kelly has had
several issues and a heavy workload to contend with since she first received
Appellant’s Brief. See First and Second Motions to Extend. Since the filing of the
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Second Motion to Extend, Ms. Kelly conducted a contested no bond hearing on
March 4th. She completed and filed the State’s brief in Appellate Cause Number
03-14-000669-CR on March 16, 2015. From March 23rd to 26th, she had a trial
involving Aggravated Kidnapping and Aggravated Sexual Assault in CR2014-294.
Further, Ms. Kelly has assisted with other issues in the office, including
electronically filing briefs and motions during my 10-day vacation. While Ms.
Kelly has begun working on the brief, she has not yet had an opportunity to
complete it; in light of the foregoing, the State respectfully requests that the Court
grant her a 28-day extension to file the Appellee’s Brief. This is the third extension
sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 28 days, until April 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 Third Motion to Extend
Time to File Appellee’s Brief has been delivered to Appellant CHARLES
VILLAREAL’s attorney of record in this matter:
Atanacio Campos
atanacio@aol.com
P.O. Box 310859
New Braunfels, TX 78131
Tel: (830) 620-1515
Fax: (830) 620-5334
By electronically sending it through efile.txcourts.gov e-filing service this 2nd day
of April, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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