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NO. 03-15-00144-CR

CHRISTOPHER ARTHUR KURTZ § IN THE THIRD 

vs. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S 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 28 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

Appellant was indicted for Aggravated Kidnapping, Evading Arrest with a 

Vehicle and two counts of Tampering with Physical Evidence on July 2, 2014. All 

four counts were enhanced to habitual status. The jury convicted Appellant of 

Aggravated Kidnapping, Evading Arrest with a Vehicle and one of the Tampering 

counts. The jury assessed punishment at 70 years confinement for the Aggravated 

Kidnapping, 75 years for Evading Arrest, and 30 years for Tampering, to be served 

concurrently. 

Appellant’s brief was originally due with the Court on or about April 23, 

2015. After this Court granted Appellant’s motion for extension, Appellant filed a 

ACCEPTED

03-15-00144-CR

7320868

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/9/2015 5:35:52 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/9/2015 5:35:52 PM JEFFREY D. KYLE Clerk
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brief on June 5, 2015 related to the Aggravated Kidnapping count. Counsel for 

Appellant subsequently filed an Anders brief related to the Evading Arrest and 

Tampering convictions on June 9, 2015. The State’s brief is currently due on 

October 9, 2015. Appellant’s pro se brief was due on July 24, 2015. 

II.

Clayten Hearrell – the attorney for the State at trial – is handling this case on 

appeal. From September 7

th

to September 15

th

, Mr. Hearrell tried a case involving

two counts of Sexual Assault of a Child in CR2011-575. He tried another Sexual

Assault of a Child case from September 14

th

through the 23

rd

, while the jury was

still deliberating on the previous trial. He then had a trial in CR2014-530 involving

an Aggravated Kidnapping from October 5

th

to October 9

th

. In the middle of that

trial, he appeared for oral argument before the Court in 03-14-00570-CR.

Additionally, this week he is set to try CR2011-118, and the punishment hearing in

following a guilty verdict in CR2011-575 will take place beginning October 19

th

.

While Mr. Hearrell has performed some of the work on the brief, he needs to

review video evidence submitted at trial, and he has not yet been able to complete 

the State’s brief in the instant cause. In light of the foregoing, the State respectfully 

requests an extension of 28 days to file its brief. This is the fourth and final

extension sought by Appellee.
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III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 28 days, until November 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

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
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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 Fourth & Final

Motion to Extend Time to File Brief has been delivered to Appellant 

CHRISTOPHER ARUTHER KURTZ’s attorney in this matter:

John G. Jasuta

lawyer1@johnjasuta.com

1801 East 51st St. 

Austin, TX 78723

Attorney for Appellant on Appeal

By electronically sending it to the above-listed email address through 

efile.txcourts.gov, this 9

th day of October, 2015.

 /s/ Joshua D. Presley

Joshua D. Presley