Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/20/2015 5:01:05 PM JEFFREY D. KYLE Clerk NO. 03-14-00407-CR THIRD COURT OF APPEALS 5/20/2015 5:01:05 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00407-CR *1 ACCEPTED ^[5367185] CLERK JERRYL ROBINSON § IN THE THIRD

V. § DISTRICT COURT OF

THE STATE OF TEXAS § APPEALS OF TEXAS

STATE’S THIRD 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 16 days to file Appellee’s brief, and

for good cause would show the following:

I. Appellant was convicted by a jury of the offense of Theft > $1,500 < $20,000. The offense was enhanced from a state jail felony to a second-degree

felony, and Appellant was sentenced to 15 years confinement on June 11, 2014.

Appellant’s brief was originally due November 3, 2014. After two motions for

extension were granted by the Court, Appellant filed his brief on February 9, 2015.

II. I am handling the appeal for the State in this case. I prepared findings of fact and conclusions of law for the District Court related to trial cause number CR2012-

263, which I submitted on April 17 . I subsequently worked on and submitted

findings related to writ number WR-81,373-02. I have assisted on other research

and appellate issues in the office, including issues related to a pending motion to

abate and remand in 03-15-00153-CR and a petition for writ of mandamus in 03-

15-00223-CV. I have handled several recent expunctions which have required

research and court appearances (including contested expunctions on May 11 and

May 21 st ). I will also attend an appellate law conference in Austin at the end of the

month, and I will likely sit second chair for oral argument in 03-14-00669-CR on

June 3, 2015. I have reviewed the record and begun working on the brief in this

case, but I have not yet been able to complete it. In light of the foregoing, I

respectfully request an extension of 16 days to file the State’s brief in the instant

cause. This is the third extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respectfully prays for an extension of 16 days, until June 5, 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, 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 State’s Third Motion to

Extend Time to File Brief has been delivered to Appellant JERRYL ROBINSON’s

attorney in this matter:

Marilee H. Brown

Marilee@hazelbrownlaw.com

Hazel Brown Wright Reneau, PLLC

391 Landa Street

New Braunfels, TX 78130

Counsel for Appellant on Appeal

By electronically sending it to the above-listed email address through

efile.txcourts.gov, this 20 day of May, 2015.

Joshua D. Presley