Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/13/2015 3:07:11 PM JEFFREY D. KYLE Clerk NO. 03-15-00228-CR THIRD COURT OF APPEALS 11/13/2015 3:07:11 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00228-CR *1 ACCEPTED ^[7824312] CLERK

CLIFTON CREWS HOYT IN THE

V. THIRD COURT OF APPEALS

THE STATE OF TEXAS AUSTIN, TEXAS

STATE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

NOW COMES the State of Texas, Appellee in the above entitled and

numbered cause and files this Motion for Extension of Time to File

Appellee's Brief, and in support thereof would show the Court the following:

I.

Appellant was found guilty of Driving While Intoxicated, 3rd or more, a

Third Degree felony enhanced to a Second Degree felony, and the Judge

assessed punishment at 14 years confinement in the Texas Department of

Criminal Justice on March 17, 2015.. Appellant filed a Notice of Appeal on

April 14, 2015. Appellant's brief was filed on September 14, 2015. The

State's brief is currently due on November 13, 2015.

II.

The State has previously requested an extension in this case which

was granted by the Court on October 13, 2015.

III.

The State requests this extension of time due to the following:

Counsel for the State has been preparing cases for jury trials that were

scheduled the week of November 16, 2015. This trial preparation has

involved a great deal of time dealing with witnesses, investigators,

evidentiary issues, research, evidence review and preparation for pretrial

hearings including a Motion to Suppress hearing. In addition, Counsel for

the State is part of a prosecution team that is preparing to present a multi-

defendant capital murder case to a Grand Jury on November 23, 2015.

Additionally, Counsel for the State has been involved in prosecution of other

cases including preparation for pretrial hearings, grand jury case review,

negotiations with opposing counsel, guilty pleas and other hearings in

additional pending felony cases.

WHEREFORE, The Attorney for the State requests an extension of

thirty (30) days to December 14, 2015 (December 13, 2015 the 30 th day falls

on a Sunday), in which to file State's Brief.

Respectfully submitted,

Assistant District Attorney

51st Judicial District

124 W. Beauregard, Suite B

San Angelo, TX 76903

(325) 659-6583

State Bar No. 00797602

SWORN TO AND SUBSCRIBED before me by the said Richard

Villarreal, this 13th day of November, A. D. 2015.

_______________________

Notary Public

State of Texas

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion for

Extension of Time to File Appellee's Brief was this 13th day of November,

2015, delivered to John Thomas Floyd III and Christopher M. Choate,

Attorneys for Appellant, through e-file .txcourts.gov .