Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/9/2015 3:10:01 PM JEFFREY D. KYLE Clerk NO. 03-15-00144-CR THIRD COURT OF APPEALS 9/9/2015 3:10:01 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00144-CR *1 ACCEPTED [6850413] CLERK CHRISTOPHER ARTHUR KURTZ § IN THE THIRD
vs. § DISTRICT COURT OF
THE STATE OF TEXAS § APPEALS OF TEXAS
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 indicted for Aggravated Kidnapping, Evading Arrest with a
Vehicle and two counts of Tampering with Physical Evidence on July 2, 2014. All
four counts were enhanced to habitual status. The jury convicted Appellant of
Aggravated Kidnapping, Evading Arrest with a Vehicle and one of the Tampering
counts. The jury assessed punishment at 70 years confinement for the Aggravated
Kidnapping, 75 years for Evading Arrest, and 30 years for Tampering, to be served
concurrently.
Appellant’s brief was originally due with the Court on or about April 23,
2015. After this Court granted Appellant’s motion for extension, Appellant filed a
brief on June 5, 2015 related to the Aggravated Kidnapping count. Counsel for
Appellant subsequently filed an Anders brief related to the Evading Arrest and
Tampering convictions on June 9, 2015. The State’s brief is currently due on
September 9, 2015. Appellant’s pro se brief was due on July 24, 2015.
II.
Clayten Hearrell – the attorney for the State at trial – is handling this case on
appeal. In mid-August, Mr. Hearrell finished a trial in CR2014-084, a case
involving the offenses of Aggravated Assault with a Deadly Weapon and
Tampering. He tried another case – CR2013-579 – around August 24, 2015, which
led to a guilty plea. He is currently in trial on CR2011-575, a case involving Sexual
Assault of a Child. Furthermore, his case in CR2012-189 – another Sexual Assault
of a Child trial – is currently set number one on the September 14 trial docket.
Mr. Hearrell has not yet been able to complete the State’s brief in the instant cause,
and in light of the foregoing, the State respectfully requests an extension of 30 days
to file its 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 October 9, 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 Assistant District Attorney SBN: 24088254 preslj@co.comal.tx.us 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Phone: (830) 221-1300 Fax: (830) 608-2008 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 CHRISTOPHER
ARUTHER KURTZ’s attorney in this matter:
John G. Jasuta
lawyer1@johnjasuta.com
1801 East 51 st St.
Austin, TX 78723
Attorney for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 9 day of September, 2015.
/s/ Joshua D. Presley Joshua D. Presley