Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/3/2015 3:20:25 PM JEFFREY D. KYLE Clerk No. 03-15-00586-CR THIRD COURT OF APPEALS 11/3/2015 3:20:25 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00586-CR *1 ACCEPTED ^[7664758] CLERK In the COURT OF APPEALS For the THIRD SUPREME JUDICIAL DISTRICT at Austin ______________________________________ On Appeal from the 368th Judicial District Court of Williamson County, Texas Cause Number 13-0826-K277 ______________________________________ CRISPIN JAMES HARMEL, Appellant v.

THE STATE OF TEXAS, Appellee _____________________________________ APPELLANT’S OBJECTION TO STATE’S MOTION FOR EXTENSION OF TIME _____________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

Comes Now, Crispin James Harmel, Appellant herein, and files this, his

Appellant’s Objection to State’s Motion for Extension of Time. In support of

said objection, Appellant would show this Honorable Court the following:

On November 2, 2015, Counsel for the State filed a Motion for Extension of

time requesting a sixty-day extension to file its brief in this case. Appellant

objects for the following reasons:

1) This is an accelerated appeal based on Appellant’s pre-trial motion for

habeas corpus relief and therefore, the State’s brief was due within twenty days of

the filing of Appellant’s brief. T EX . R. A PP . P. 38.6(c). Appellant filed his brief

timely. See T EX . R. A PP . P. 38.6(b).

2) The State’s Motion for Extension of time was filed by John C. Prezas,

who, until this time, had recused himself from participating in this case based on

his prior knowledge and experience with a witness. However, now, with no

notice to Appellant or the Trial Court, Mr. Prezas has decided to represent the State

on Appeal in this case. The Reporter’s Record reflects Appellant’s objection to

Mr. Prezas’s participation and his voluntary recusal of same. Appellant again

objects to Mr. Prezas’s participation in this case and the end-run around the trial

court in interjecting himself back into the proceedings with no recourse for

Appellant to object and have a hearing.

3) The reasons the State gives to support its request for an extension

involve childcare issues and the caseload of the Williamson County District

Attorney’s Office. The Williamson County District Attorney’s Office is now

staffed with two appellate attorneys and the State’s motion gives no explanation as

to why the other appellate attorney cannot complete the task at hand.

4) For the foregoing reasons, Appellant objects to the State’s Motion for

Extension of Time.

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays

that this Court deny the State’s Motion for Extension of Time.

Respectfully submitted, _____”/s/” Kristen Jernigan_______ KRISTEN JERNIGAN State Bar Number 90001898 207 S. Austin Ave. Georgetown, Texas 78626 (512) 904-0123 (512) 931-3650 (fax) Kristen@txcrimapp.com CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the

foregoing Appellant’s Brief has been emailed to the Williamson County District

Attorney’s Office to the following address: jprezas@wilco.org on November 3,

2015.

________”/s/” Kristen Jernigan__________ Kristen Jernigan