ACCEPTED
03-15-00079-CR
5704504
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/17/2015 8:44:29 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00079-CR
DAVID KENT THACKER, JR. § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. § DISTRICT 6/17/2015
COURT8:44:29
OF AM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S SECOND 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 40 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted by a jury of the offense of Driving While
Intoxicated with Two or More Previous Convictions for the Same Type of Offense.
The offense was thereby enhanced from a third-degree felony to habitual, and
Appellant received a life sentence on January 28, 2015. Appellant’s brief was filed
on April 17, 2015. The State’s brief is currently due on June 17, 2015.
II.
I am handling the appeal for the State in this case. I had a contested
expunction hearing on May 21st. I attended an appellate law conference in Austin
over three days at the end May, and I sat second chair for oral argument in 03-14-
00669-CR on June 3, 2015. I also helped review and file another attorney’s brief in
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03-14-00192-CR. I have had several expunctions and nondisclosures to review and
answer, including an unexpected acquittal expunction brought to my attention on
short notice. I worked through this past weekend to file the State’s brief before
midnight on June 15th in cause number 03-14-00407-CR. I have begun working on
the State’s brief in 03-14-00639-CR, and immediately after finishing that brief, I
will need to complete the State’s brief in 03-14-00818-CR. Because of the
foregoing, I have not yet been able to work on a response, and respectfully request
an extension of 40 days to file the State’s brief in the instant cause. This is the
second extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 40 days, until July 27, 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 Second Motion
to Extend Time to File Brief has been delivered to Appellant DAVID KENT
THACKER, JR.’s attorney in this matter:
Gerald C. Moton
11765 West Avenue, PMB 248
Austin, TX 78216
motongerald32@gmail.com
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 17th day of June, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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