ACCEPTED
03-15-00228-CR
7824312
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/13/2015 3:07:11 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00228-CR
CLIFTON CREWS HOYT IN THE FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. THIRD COURT11/13/2015
OF APPEALS
3:07:11 PM
JEFFREY D. KYLE
THE STATE OF TEXAS AUSTIN, TEXAS Clerk
STATE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE FIRST COURT OF APPEALS:
NOW COMES the State of Texas, Appellee in the above entitled and
numbered cause and files this Motion for Extension of Time to File
Appellee's Brief, and in support thereof would show the Court the following:
I.
Appellant was found guilty of Driving While Intoxicated, 3rd or more, a
Third Degree felony enhanced to a Second Degree felony, and the Judge
assessed punishment at 14 years confinement in the Texas Department of
Criminal Justice on March 17, 2015.. Appellant filed a Notice of Appeal on
April 14, 2015. Appellant's brief was filed on September 14, 2015. The
State's brief is currently due on November 13, 2015.
II.
The State has previously requested an extension in this case which
was granted by the Court on October 13, 2015.
III.
The State requests this extension of time due to the following:
Counsel for the State has been preparing cases for jury trials that were
scheduled the week of November 16, 2015. This trial preparation has
involved a great deal of time dealing with witnesses, investigators,
evidentiary issues, research, evidence review and preparation for pretrial
hearings including a Motion to Suppress hearing. In addition, Counsel for
the State is part of a prosecution team that is preparing to present a multi-
defendant capital murder case to a Grand Jury on November 23, 2015.
Additionally, Counsel for the State has been involved in prosecution of other
cases including preparation for pretrial hearings, grand jury case review,
negotiations with opposing counsel, guilty pleas and other hearings in
additional pending felony cases.
WHEREFORE, The Attorney for the State requests an extension of
thirty (30) days to December 14, 2015 (December 13, 2015 the 30th day falls
on a Sunday), in which to file State's Brief.
Respectfully submitted,
_______________________
Richard Villarreal
Assistant District Attorney
51st Judicial District
124 W. Beauregard, Suite B
San Angelo, TX 76903
(325) 659-6583
State Bar No. 00797602
SWORN TO AND SUBSCRIBED before me by the said Richard
Villarreal, this 13th day of November, A. D. 2015.
_______________________
Notary Public
State of Texas
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion for
Extension of Time to File Appellee's Brief was this 13th day of November,
2015, delivered to John Thomas Floyd III and Christopher M. Choate,
Attorneys for Appellant, through e-file .txcourts.gov .
_______________________
Richard Villarreal
Clifton Crews Hoyt v. State
Combined Opinion