Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/8/2015 12:21:20 PM JEFFREY D. KYLE Clerk NO. 03-14-00802-CR THIRD COURT OF APPEALS 10/8/2015 12:21:20 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00802-CR *1 ACCEPTED ^[7289128] CLERK PEDRO ELIZONDO MARTINEZ JR. § IN THE COURT OF APPEALS

v. § THIRD DISTRICT

STATE OF TEXAS § AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE BRIEF

NOW COMES THE STATE OF TEXAS, Appellee, by and through her

Assistant District Attorney, John C. Prezas, and moves the Court, pursuant to Texas

Rule of Appellate Procedure 38.6(d), to extend the deadline for filing the State’s brief.

In support of its motion, the State would show the Court the following:

1. The State’s Brief in this case is due on October 9, 2015.

2. The State has requested, and this Court has granted, one previous extensions of

time.

3. Appellant’s brief was filed in this Court on July 10, 2015.

4. Since the granting of the previous extension, the State has continued to review the

record and research the issues Appellant has raised. The State requires additional

time to properly and sufficiently prepare its brief. Based on the efforts made to this

point, the State does not anticipate requesting any further extensions in this matter. Mr. Prezas is set for oral argument before this Court on October 22, 2015 in 03-14-

00622-CR Greg Kelley vs. The State of Texas.

6. Mr. Prezas is set for a live hearing before a visiting judge on an application for

habeas corpus on October 30, 2015, in 92-435-K277A State vs. Troy Dale

Mansfield . Based on the representations of opposing counsel in that case, Mr.

Prezas expects between five and eight witnesses to testify.

7. Mr. Prezas recently filed briefs in this Court in State vs. Jim Jack Thompson 03-14-

00371-CR on September 15, 2015, and in State vs. James Allen Weatherford 03-14-

00527-CR on August 31, 2015.

8. Mr. Prezas recently filed proposed findings of fact and conclusions of law in Ex

Parte Paul E. Gonzalez 04-103-K26A, an application for habeas corpus relief, on

September 18, 2015.

9. Mr. Prezas filed an Answer and Motion to Dismiss for Want of Jurisdiction another

application for habeas corpus relief, Ex Parte Joshua Tatroe 10-077-J395 on

September 18, 2015.

10. Mr. Prezas filed Proposed Supplemental Findings of Fact and Conclusions of Law

with the trial court in response to an Order by the Court of Criminal Appeals on

September 30, 2015 in Ex Parte Cory Dale Morgan 12-1212-K368A, WR-81,867-

01. After investigation and discussions with a local attorney, in response to an Order

by the Court of Criminal Appeals, Mr. Prezas recently filed a motion and proposed

Order to the trial court to compel said attorney to file an affidavit regarding his

representation of the applicant for habeas corpus relief in Ex Parte Wendi Ann

Tillman 06-1062-K368A on September 30, 2015. For the foregoing reasons, The State respectfully requests that the deadline for

filing its brief in the above stated cause be extended for an additional sixty (60)

days from the current due date of October 9, 2015, to December 8, 2015.

WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully

requests that this Court grant its motion for an extension of time and extend the State’s

deadline to file its brief to December 8, 2015.

Respectfully submitted, Jana Duty District Attorney Williamson County, Texas /s/ John C. Prezas John C. Prezas Assistant District Attorney State Bar Number 24041722 405 Martin Luther King #1 Georgetown, Texas 78626 (512) 943-1248 (512) 943-1255 (fax) jprezas@wilco.org *4 Certificate of Service This is to certify that on October 8, 2015, a copy of the foregoing motion has

been sent to Appellant’s attorney of record, Ellic Sahualla, 600 W. 13 th St., Austin, TX

78701, by eservice at ellic@sahuallalaw.com.

/s/ John C. Prezas John C. Prezas