1 NO. 03

- 15 -00246- CR

MARK GORDON MCMURPHY § IN THE THIRD

v. § DISTRICT COURT OF

THE STATE OF TEXAS § APPEALS OF TEXAS

STATE’S THIRD AND 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 25 days to file Appellee’s brief, and

for good cause would show the following:

I.

Appellant was indicted for Driving While Intoxicated with Two or More

Previous Convictions for the Same Type of Offense; the third-degree felony was

enhanced to habitual. A jury found him guilty of the offense, and Appellant was

sentenced to 60 years in the Texas Department of Criminal Justice. Appellant’s

brief was initially due on or about June 12 th

. After Appellant’s motion for

extension was granted, Appellant submitted his brief on August 21, 2015. The

State’s b rief is currently due on December 11, 2015

.

II.

I will handle the brief for the State in this case. I had to assemble an

objection and response to a motion in another case on November 24 th

. I filed the ACCEPTED

03-15-00246-CR

8210065

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/11/2015 5:32:10 PM

JEFFREY D. KYLE

CLERK2

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. I

have also gathered information on, reviewed and filed answers to expunctions and

nondisclosures, including several petitions in the last month. Because of the

foregoing

, I have not yet been able to work on a response i n t h e i n s t a n t c a s e , and

respectfully request an extension of 2 5 da ys to file the State’s brief. This is the

t h i r d a n d f

i n a l extension sought by Appellee.

III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully prays for an extension of 2 5 days, until J a n u a r y 5 , 201 6 , 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.

R espectfully 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

- 20083 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 T h i r d & F i n a l

Motion to Extend Time to File Brief has been delivered t o Appellant MARK

GORDON MCMURPHY ’s attorney in this matter :

Gary F. Churak

churaklaw@msn.com

14310 Northbrook Ste. 210

San Antonio, TX 78232

Counsel for Appellant on Appeal

By electronic service to the above

- listed email address through efile.txcourts.gov

,

this 1 1 t h day of D e c e m

b e r

, 2015

.

/s/ Joshua D. Presley

Joshua D. Presley