Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/8/2015 10:39:58 AM JEFFREY D. KYLE Clerk NO. 03-14-00402-CR THIRD COURT OF APPEALS 6/8/2015 10:39:58 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00402-CR *1 ACCEPTED [5578386] CLERK
REX ALLEN NISBETT § 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 June 8, 2015. No previous extensions of time have been requested by the State or granted by this
Court. Appellant’s brief was filed in this Court on May 8, 2015. Mr. Prezas filed a State’s brief in 03-13-00794-CR, State v. Yazdi , on April 21,
2015. Mr. Prezas recently filed the State’s proposed findings of fact and
conclusions of law on May 21, 2015, in Ex Parte Rolando Bacon Lopez , 10-1053-
K368A, a habeas corpus proceeding. Mr. Prezas has also recently filed proposed
findings of fact and conclusions of law in the following other habeas corpus
proceedings: Ex Parte Robert Jesse Padilla , 06-937-K368A; Ex Parte Robert Jesse
Padilla, 06-921-K368A; Ex Parte Daniel Robert Lock , 94-085-K277A; Ex Parte
Daniel Robert Lock 97-780-K277A Mr. Prezas filed a State’s brief on or before May 21, 2015, in response to the Court
of Criminal Appeals granting the State’s petition for discretionary review in John
Alan Wachtendorf, PD-0280-15. Mr. Prezas submitted a State’s Motion to Dismiss
in State vs. Gregory Michael Klapesky 03-15-00244-CR on June 5, 2015. Currently, Mr. Prezas is evaluating a request for DNA testing under Chapter 64 in
03-1063-K277 State vs. Gregory Michael Klapesky and is working towards the July
1, 2015, due date for the State’s brief in State vs. James Alan Weatherford 03-14-
00527-CR. 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 June 8, 2015, to August 7, 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 August 7, 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
Certificate of Service
This is to certify that on June 8, 2015, a copy of the foregoing motion has been
sent to Appellant’s attorney of record, Kristen, 207 S. Austin Ave., Georgetown, TX
78626, by eservice at Kristen@txcrimapp.com.
/s/ John C. Prezas
John C. Prezas