Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/27/2015 8:47:56 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00366-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 10/27/2015 8:47:56 AM CHRISTOPHER PRINE CLERK NO. 01-15-00366-CR
TRACE ROGERS SMITH § IN THE FIRST
v. § DISTRICT COURT OF
THE STATE OF TEXAS § APPEALS OF TEXAS
STATE’S SECOND 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’s brief was initially due on or about June 26 th (though the Court’s
website indicates a due date of July 6 , Appellant’s counsel indicated the original
due date was around June 26 ). After Appellant’s motion for extension was
granted, Appellant filed his brief on August 12, 2015. The State’s brief is currently
due on October 26, 2015.
II.
I anticipate that I will handle the brief for the State in this case. I filed the
State’s brief in 03-14-00695-CR on September 30 . I reviewed, edited and
expanded another individual’s brief in 03-15-00112-CR prior to submission on
October 6 . I sat second chair with another attorney for his oral argument in 03-
14-00570-CR on October 7 . I helped one attorney with his brief in 03-15-00153-
CR, and I contributed to another attorney’s brief which was submitted late last
night in 03-15-00247-CR. I must also complete the State’s brief in 03-14-00329-
CR by November 2, 2015. Among others, I have an additional brief currently due
on November 9 in 03-14-00712-CR. I have also gathered information on,
reviewed and filed answers to expunctions and nondisclosures, including several
petitions in the last month. I assisted other attorneys in the office with various
issues in their cases and appeals.
Due to a substantial increase in appellate work for our County, the
Commissioners’ Court has approved funding for a second appellate prosecutor
position. I have reviewed applications and participated in interviews for said
position, which our office hopes to add in the near future. Because of the
foregoing, I have not yet had the opportunity to work on the brief in the instant
case, and respectfully request an extension of 30 days to file the State’s brief. This
is the second extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until November 25, 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 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 Second Motion
to Extend Time to File Brief has been delivered to Appellant TRACE ROGERS
SMITH’s attorney in this matter:
Atanacio Campos
atanacio@aol.com
496 S. Castell Ave.
New Braunfels, TX 78130
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 27 day of October, 2015.
/s/ Joshua D. Presley Joshua D. Presley