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NO. 03-14-00421-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. 

Appellant’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 granting 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 May 26, 2015. 

ACCEPTED

03-14-00421-CR

5418261

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/26/2015 2:32:25 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/26/2015 2:32:25 PM JEFFREY D. KYLE Clerk
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II.

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

appeal. Mr. McCrary is the Chief Felony Prosecutor for Comal County, and has

been busy covering his regular dockets, representing the State on contested

motions, assisting other attorneys in the office with issues that arise during their 

trials, and reviewing their briefs on appeal. Additionally, The office closed on May

8

th

so everyone could attend the out-of-town funeral of an office member’s son.

Last week Mr. McCrary went to trial in CR2014-531, a sex-offender registration

case in which the State obtained a 40-year sentence. Finally, Mr. McCrary has also

been writing the appeal in the case of Lawrence v. State, Case No. 03-13-00192-

CR. He came into the office this past Memorial Day weekend to work on the

State’s Lawrence brief, hoping to finish it as soon as possible. As a result, he has 

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

requests an extension of 30 days to file the State’s brief. This is the second

extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 30 days, until June 25, 2015, so that an 

adequate response may be made to Appellant’s brief. This extension is not 
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requested for purposes of delay but so that justice may be done. 

Respectfully submitted,

/s/ Joshua D. Presley

Joshua D. Presley

Assistant District Attorney

SBN: 24088254

preslj@co.comal.tx.us

150 N. Seguin Avenue, Suite 307

New Braunfels, Texas 78130

Phone: (830) 221-1300

Fax: (830) 608-2008

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 Second Motion 

to Extend Time to File Brief has been delivered to 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 26th day of May 2015.

 /s/ Joshua D. Presley

Joshua D. Presley