Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/30/2015 11:14:57 AM LISA MATZ Clerk *1 ACCEPTED 05-14-01068-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 3/30/2015 11:14:57 AM LISA MATZ CLERK No. 05-14-01068-CR
05-14-01069-CR
MICHAEL PRENTISS PRECHTL § IN THE COURT OF APPEALS
vs. § FOR THE FIFTH DISTRICT
THE STATE OF TEXAS § OF TEXAS AT DALLAS
STATE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
THE STATE OF TEXAS, by and through the Criminal District Attorney of
Dallas County, respectfully requests that the time for filing the State’s brief be
extended to the date this motion and the accompanying brief are received. In
support of this motion, the State would show the following:
Appellant pled guilty in these two cases to possession of methamphetamine
with intent to deliver in cause F11-35251-X and to possession of oxycodone in
cause F11-35252-X. Adjudication was deferred in each case. He was placed on
community supervision for seven years and community supervision for five years,
respectively. Upon the State’s filing motions to revoke, court found appellant
violated community supervision. The court adjudicated guilt and set punishment a
confinement in prison for twenty-five years and confinement in a state jail for six
months, respectively. Appellant’s briefs were filed on January 26, 2015.
Although I, the undersigned attorney, was assigned a separate brief for
appellant’s jury trial conviction in cause F14-10028-X/05-14-01070-CR on
January 26, 2015, I was not assigned the instant two cases. The appellate section
was not aware of the filing of the brief in these two cases until after I filed our brief
in F14-10028-X/05-14-01070-CR on March 23, 2015.
On March 24, 2015, appellant’s defense counsel made me aware that these
other two cases existed. The appellant’s briefs in these two cases were
downloaded from this Court’s website, and they were assigned to me.
In the meantime, after being assigned the brief in F14-10028-X/05-14-
01070-CR, I was assigned two capital murder cases, Marble v. State, 05-14-00777-
CR and Newson v. State, 05-14-01455-CR.
I filed a first extension in appellant’s two revocation cases on March 24,
2015. On March 25, 2015, this Court issued an order extending the State’s time to
file its brief in these two cases until March 27, 2015. I was not at work on March
27, 28, or 29, however. On Monday, March 30, 2015, I am filing the State’s brief
along with this motion for extension, and respectfully request that the brief be filed
as of the date it is received.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that the time for filing its brief in these two cases be extended to the date this
motion and accompanying brief are received.
Respectfully submitted, ______________________ ANNE B. WETHERHOLT ASSISTANT DISTRICT ATTORNEY STATE BAR NO. 21235300 FRANK CROWLEY COURTS BLDG, 133 N. RIVERFRONT BLVD., LB 19 DALLAS, TEXAS 75207-4399 anne.wetherholt@dallascounty.org (214) 653-3639 CERTIFICATE OF SERVICE I certify that a true copy of the foregoing motion has been served on Brett
Ordiway, Attorney for Appellant, Sorrells, Udashen & Anton, Suite 250, Dallas,
TX 75201 by sending an electronic communication through eFileTexas.gov to
bordiway@sualaw.com on March 30, 2015.
___________________________ A NNE B. W ETHERHOLT