Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/11/2015 9:48:04 AM JEFFREY D. KYLE Clerk NO. 03-14-00328-CR THIRD COURT OF APPEALS 2/11/2015 9:48:04 AM JEFFREY D. KYLE 03-14-00328-CR AUSTIN, TEXAS *1 ACCEPTED [4102522] CLERK ISREAL REYES, SR. § IN THE THIRD
VS. § 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 1 day to file the accompanying
Appellee’s brief, and for good cause would show the following:
I.
A jury found Appellant guilty of Aggravated Assault with a Deadly Weapon
and Unlawful Possession of a Firearm on April 2, 2014 in trial court cause number
CR2012-427. The Court sentenced him to 10 and 5 years in TDCJ, respectively.
Appellant filed his Notice of Appeal on May 20, 2014, with his original brief being
due on September 4, 2014. After the Court abated and remanded the appeal for a
hearing under Texas Rule of Appellate Procedure 38.8, the trial court appointed
Mr. Wetzel as Appellant’s counsel on appeal. Appellant’s brief was received by
the Court on November 10, and it was filed in the Court after reinstatement of the
appeal on December 10, 2014. The State’s brief was initially due on January 9,
2015. After the Court granted the State’s first requested extension, its brief was due
on February 9, 2015.
II.
Ms. Christine Rankin – the Assistant District Attorney who prosecuted this
case at trial – is handling the appeal for the State. Ms. Rankin wished to proofread
and make corrections to her brief, as well as incorporate a few suggestions of the
office’s Chief Felony Prosecutor. In light of the forgoing, the State respectfully
requests that the Court grant her a 1-day extension to file the Appellee’s Brief,
which is filed simultaneously with the instant motion. This is the second extension
sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 1 day, until February 10, 2015, so that the
accompanying brief may be filed with and accepted by the Court. This extension
is not requested for purposes of delay but so that justice may be done.
Respectfully submitted, 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 *3 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 Second Motion to
Extend Time to File Appellee’s Brief has been delivered to Appellant ISREAL
REYES, SR.’s attorney of record in this matter:
Richard E. Wetzel
wetzel_law@1411west.com
1411 West Ave., Suite 100
Austin, TX 78701
Counsel for Appellant on Appeal
By electronically sending it to his above-listed email address through
efile.txcourts.gov, this 10 th day of February, 2015.
Joshua D. Presley