ACCEPTED
03-15-00079-CR
6229422
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/27/2015 10:44:19 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 7/27/2015
COURT10:44:19
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 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 July 27, 2015.
II.
I am handling the appeal for the State in this case. I filed the State’s brief in
03-14-00639-CR on July 13, 2015. I have reviewed – and, when required, filed an
answer to – expunctions and nondisclosures; within the past two weeks, I have also
prepared an expunction petition and order and performed other research related to
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expunctions. I have recently assisted other attorneys in the office with issues in
their appeals, including a trial court hearing on a dispute related to a reporter’s
record in 03-14-00570-CR and findings of fact and conclusions of law in a
remanded State’s appeal in 03-15-00153-CR. Additionally, I have assisted other
attorneys in the office – and in one instance, an attorney from another county’s
office – by researching various issues that have arisen in their trials. I am currently
attempting to finish the State’s brief in 03-14-00818-CR. 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.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until August 26, 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 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 27th day of July, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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