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NO. 03-14-00818-CR

CLINTON DAVID BECK § IN THE THIRD 

v. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S UNOPPOSED FOURTH & FINAL 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 10 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

 Appellant was charged by indictment with Improper Relationship Between 

Educator and Student and Online Solicitation of a Minor on April 13, 2011 in the 

207th Judicial District Court of Comal County. After pleading guilty to Count II, 

Improper Relationship Between Educator and Student, the trial court sentenced 

Appellant to ten years confinement and suspended the sentence for a period of ten 

years. Appellant was also required to forfeit his teaching license and not apply for 

any future teaching license in the United States. On September 4, 2014, Appellant 

filed an Application for Writ of Habeas Corpus under article 11.072 of the Texas 

Code of Criminal Procedure. After the trial court denied the Application, Appellant 

ACCEPTED

03-14-00818-CR

6244301

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/27/2015 7:29:04 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 7:29:04 PM JEFFREY D. KYLE Clerk
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appealed. Appellant’s brief was submitted on March 20, 2015. Appellee’s brief is 

currently due on July 27, 2015. 

II.

I am handling the appeal for the State in this case. I filed the State’s brief in 

03-14-00639-CR on July 13, 2015. I have reviewed - and, when required, filed an 

answer to – expunctions and nondisclosures; within the past two weeks, I have also 

prepared an expunction petition and order and performed other research related to 

expunctions. I have recently assisted other attorneys in the office with issues in 

their appeals, including a trial court hearing on a dispute related to a reporter’s 

record in 03-14-00570-CR and findings of fact and conclusions of law in a 

remanded State’s appeal in 03-15-00153-CR. Additionally, I have assisted other 

attorneys in the office – and in one instance, an attorney from another county’s 

office – by researching various issues that have arisen in their trials. I am also

working on submitting an agreed supplemental copy of State’s Exhibit 2 in this 

cause after noticing the version originally filed with the Court is difficult or 

impossible to read in some places. I have begun working on the instant brief, 

including some work over this past weekend. However, because of the foregoing, I 

have not yet been able to complete said brief, and respectfully request an extension 

of 10 days to file the State’s brief in the instant cause. This is the fourth and final
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extension sought by Appellee; I have conferred with opposing counsel, and Ms. 

Zimmermann does not oppose the instant motion.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 10 days, until August 6, 2015, so that an 

adequate response may be made to Appellant’s brief. This extension is not 

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

Respectfully submitted,

/s/ Joshua D. Presley

Joshua D. Presley SBN: 24088254

preslj@co.comal.tx.us

Comal Criminal District Attorney’s Office 

150 N. Seguin Avenue, Suite 307

New Braunfels, Texas 78130

Ph: (830) 221-1300 / Fax: (830) 608-2008
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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 Third Motion to 

Extend Time to File Brief has been delivered to Appellant CLINTON DAVID 

BECK’s attorney in this matter:

Terri R. Zimmermann

Terri.Zimmermann@ZLZSlaw.com

770 South Post Oak Lane, Suite 620

Houston, TX 77056

Counsel for Appellant on Appeal

By electronically sending it to the above-listed email address, this 27th day of July,

2015.

 /s/ Joshua D. Presley

 Joshua D. Presley

CERTIFICATE OF CONFERENCE

I certify that I have conferred or made reasonable attempts to confer with all 

other parties about the merits of this motion and whether the parties oppose the 

motion. Ms. Terri R. Zimmermann, Attorney for Appellant CLINTON DAVID 

BECK, was not opposed to the instant motion. 

/s/ Joshua D. Presley

Joshua D. Presley