1 NO. 03

- 14

- 00 421- CR

JACOB SANCHEZ § IN THE THIRD

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 was indicted by a grand jury on May 8, 2013 for one count of

Aggravated Sexual Assault of a Child. Appellant was subsequently found guilty of

that offense and sentenced to a term of thirty-five years in the Texas Department of

Criminal Justice. That sentence was imposed in open court on June 6, 2014.

A ppellant’s brief was originally due with the Court on November 6, 2014.

After this Court had abated the instant appeal and remanded this case back to the

trial court, and after grant ing at least two of Appellant’s motions for extension time

to file his brief, Appellant ’s brief was filed on February 24, 2015. The State’s brief

is currently due on Ma y 26 , 2015. ACCEPTED

03-14-00421-CR

5418261

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/26/2015 2:32:25 PM

JEFFREY D. KYLE

CLERK2 II.

Sammy McCrary, the attorney for the State at trial, is handling this case on

appeal. M r

. M c C r a r y i s the Chief Felony Prosecutor for Comal County, a n d h a s

b e e n b u s y covering his regular dockets

, r e p r e s e n t i n g t h e S t a t e o n c o n t e s t e d

m o t i o n s , assisting other attorneys in the office with issues that arise during their

trials, and reviewing their briefs on appeal. A d d i t i o n a l l y

, T h e o f f i c e c l o s e d o n M a y

8 t h s o e v e r y o n e c o u l d a t t e n d t h e o u t

- o f

- t o w n f u n e r a l o f a n o f

f i c e m e m b e r ’ s s o n

.

L a s t w e e k M r

. M c C r a r y w e n t t o t r i a l i n C R 2 0 1 4

- 5 3 1

, a s e x

- o f f e n d e r r e g i s t r a t i o n

c a s e i n w h i c h t h e S t a t e o b t a i n e d a 4 0

- y e a r s e n t e n c e

. F i n a l l y

, M r

. M c C r a r y h a s a l s o

b e e n writing the appeal in the case of Lawrence v. State , Case No. 03

- 13

- 00192

-

CR

. H e c a m e i n t o t h e o f f i c e t h i s p a s t M e m o r i a l D a y w e e k e n d t o w o r k o n t h e

S t a t e ’ s L a w r e n c e b r i e f

, h o p i n g t o f i n i s h i t a s s o o n a s p o s s i b l e

. As a r esult, he has

not yet been able to finish the State’s brief in the instant case, and respectfully

requests an extension of 3 0 days to file the State’s brief. This is the s e c o n d

extension sought by Appellee.

III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully prays for an extension of 3 0 days, until J u n e 25

, 201 5 , so that an

adequate response may be made to Appellant’s brief. This extension is not3

requested for purposes of delay but so that justice may be done.

R espectfully submitted,

/ s / J o s h u a D

. P r e s l e y

J o s h u a D

. P r e s l e y

A s s i s t a n t D i s t

r i c t A t t o r n e y

SBN: 2 4 0 8 8 2 5 4

p r e s l j @co.comal.tx.us

150 N. Seguin Avenue, Suite 307

New Braunfels, Texas 78130

P h o n e : (830) 221

- 1300

Fax: (830) 608

- 2008

CERTIFICATE OF SERVICE

I, Joshua D. Presley

, Assistant D istrict A ttorney for the State of Texas,

Appellee, hereby certify that a true and correct copy of this State’s S e c o n d Motion

to Extend Time to File Brief has been delivered t o Appellant Jacob Sanchez ’s

attorney in this matter :

David K. Sergi

david@sergilaw.com

David K. Sergi & Associates, P.C.

P.O. Box 887

San Marcos, TX 78666

Attorney for Appellant on Appeal

By electronically sending it to his above

- listed email address through

efile.txcourts.gov, this 26 th day of Ma y 2015.

/ s / J o s h u a D

. P r e s l e y

J o s h u a D

. P r e s l e y