Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/22/2015 6:17:51 PM JEFFREY D. KYLE Clerk NO. 03-14-00818-CR THIRD COURT OF APPEALS 6/22/2015 6:17:51 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00818-CR *1 ACCEPTED [5777188] CLERK CLINTON DAVID BECK § IN THE THIRD
v. § 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 35 days to file Appellee’s brief, and
for good cause would show the following:
I. Appellant was charged by indictment with Improper Relationship Between Educator and Student and Online Solicitation of a Minor on April 13, 2011 in the
207 th Judicial District Court of Comal County. After pleading guilty to Count II,
Improper Relationship Between Educator and Student, the trial court sentenced
Appellant to ten years confinement and suspended the sentence for a period of ten
years. Appellant was also required to forfeit his teaching license and not apply for
any future teaching license in the United States. On September 4, 2014, Appellant
filed an Application for Writ of Habeas Corpus under article 11.072 of the Texas
Code of Criminal Procedure. After the trial court denied the Application, Appellant
appealed. Appellant’s brief was submitted on March 20, 2015. Appellee’s brief is
currently due on June 22, 2015.
II. I am handling the appeal for the State in this case. 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 03-14-00192-CR. I worked through the weekend of the
13 th to file the State’s brief before midnight on June 15 th in cause number 03-14-
00407-CR. I have had several expunctions and nondisclosures to review, some of
which required me to draft and file answers. I have also performed research related
to issues that came up for other attorneys in the office. Finally, I have begun
working on the State’s response in 03-14-00639-CR, which I hope to complete on
or shortly after the current deadline of July 2 nd ; I will work on the State’s brief in
the instant cause immediately after completing the work on 03-14-00639-CR.
Because of the foregoing, I have not yet been able to complete a significant amount of work on a response, and respectfully request an extension of 35 days to
file the State’s brief in the instant cause. This is the third extension sought by
Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 33 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 *4 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 CLINTON DAVID
BECK’s attorney in this matter:
Terri R. Zimmermann
Terri.Zimmermann@ZLZSlaw.com
770 South Post Oak Lane, Suite 620
Houston, TX 77056
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address, this 22 nd day of June,
2015.
/s/ Joshua D. Presley Joshua D. Presley