1 NO . 03-14-00585- CR LEOVARDO CANTOS § IN THE COURT OF APPEALS § v. § THIRD DISTRICT § STATE OF TEXAS § AUSTIN , TEXAS

MOTION FOR EXTENSION OF TIME TO FILE BRIEF NOW COMES THE STATE OF TEXA S, Appellee, by and through her Assistant District Attorney , John C. Prezas, and moves the Court, pursuant to Texas Rule of Appellate Procedure 38.6(d), to extend the deadli ne for filing the State’s brief

. In support of its motion, the State would show the Court the following:
1. The State’s Brief in this case i s du e on October 9, 2015.
2. The State has requested, and this Court has granted, one previous extensions of time. 3. Appellant’s brief was filed in this Court on July 9 , 2015.

4. Since the granting of the previous extension, the State has continued to review the

rec ord and research the issues Appellant has raised. The State requires additional time to properly and sufficiently prepare its brief. At this time the State does not anticipate requesting further extensions in this matter. 5. Mr. Prezas is set for oral argument before this Court on October 22, 2015 in 03- 14

- ACCEPTED 03-14-00585-CR 7288003 THIRD COURT OF APPEALS

AUSTIN, TEXAS 10/8/2015 11:41:58 AM JEFFREY D. KYLE

CLERK2 00622

- C R Greg Kelley vs. The State of T exas. 6. Mr. Prezas is set for a live hearing before a visiting judge on an application for habeas corpus on October 30, 2015, in 92

- 435

- K277A State vs. Troy Dale Mansfield . Based on the representations of opposing counsel in that case, Mr. Prezas expects b etween five and eight witnesses to testify.
7. Mr. Prezas recen tly filed briefs in this Court in State vs. Jim Jack Thompson 03

- 14

- 00371

- CR on September 15, 2015 , and in State vs. James Allen Weatherford 03

- 14

- 00527

- CR on August 31, 2015

. 8. Mr. Prezas recently filed proposed findings of fact and conclusions of law in Ex Parte Paul E. Gonzalez 04

- 103

- K26A, an application for habeas corpus relief, on September 18, 2015.
9. Mr. Prezas filed an Answer and Motion to Dismiss for Want of Jurisdiction another application f or habeas corpus relief, Ex Parte Joshua Tatroe 10

- 077

- J395 on September 18, 2015.
10. Mr. Prezas filed Proposed Supplemental Findings of Fact and Conclusions of Law with the trial court in response to an Order by the Court of Criminal Appeals on September 30 , 2015 in Ex Parte Cory Dale Morgan 12

- 1212

- K368A, WR

- 81,867

- 01.
11. After investigation and discussions with a local attorney, in response to an Order3 by the Court of Criminal Appeals, Mr. Prezas recently filed a motion and proposed Order to the trial court to compel said attorney to file an affidavit regarding his representation of the applicant for habeas corpus relief in Ex Parte Wendi Ann Tillman 0 6

- 1062

- K368A on September 30, 2015.
12. For the foregoing reasons, T he State respectfully request s that the dea dline for filing its brief in the above stated cause be extended for an a dditional thirt y one ( 3 1 ) days from the current due date of October 9, 2015 , to N ovember 9 , 2015

. WHEREFORE, PREMISES CONSIDERED, the State of Texa s respectfully requests that this Court g rant its motio n for an exte nsion of time and extend the State’s deadline to file its brief to N ovember 9 , 2015

. Respectfully submitted, Jana Duty District Attorney Williamson County, Texas

/s/ John C. Prezas John C. Prezas Assistant District Attorney State Bar Number 24041722 405 Martin Luther King #1 Georgetown, Texas 78626 (512) 943

- 1248 (512) 943

- 1255 (fax) jprezas@wilco.org4 Certificate of Service This is to certify that on October 8 , 2015 , a copy of the foregoing mot ion ha s been s ent to A ppellant ’ s attorney of record , Linda Icenhauer

- Ramirez , 1103 Nueces, Austin, TX 78701 , by eservice at ljir@aol.com

. /s/ John C. Prezas John C. Prezas