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NO. 03-14-00407-CR

JERRYL ROBINSON § IN THE THIRD 

V. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S FOURTH 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 convicted by a jury of the offense of Theft > $1,500 < 

$20,000. The offense was enhanced from a state jail felony to a second-degree 

felony, and Appellant was sentenced to 15 years confinement on June 11, 2014. 

Appellant’s brief was originally due November 3, 2014. After two motions for 

extension were granted by the Court, Appellant filed his brief on February 9, 2015. 

II.

 I am handling the appeal for the State in this case. 

Since filing the last 16-day motion for extension, I had a contested expunction 

hearing on the 21st. I attended an appellate law conference in Austin over three 

days at the end May, and I sat second chair for oral argument in 03-14-00669-CR 

ACCEPTED

03-14-00407-CR

5574969

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/8/2015 8:07:49 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/8/2015 8:07:49 AM JEFFREY D. KYLE Clerk
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on June 3, 2015. I also helped review and file another attorney’s brief in 03-14-

00192-CR. Last week I had an unexpected acquittal expunction brought to my 

attention on Wednesday with a hearing scheduled the following morning; although 

the contested hearing was reset for this Thursday, I had to prepare and file an 

answer. I have also had several other expunctions and nondisclosures to review. 

Although I have performed some additional work on the brief in the instant cause 

over the weekend, I have not yet been able to complete it. I will work through the 

coming weekend if necessary to complete the brief by Monday the 15th. In light of 

the foregoing, I respectfully request an extension of 10 days to file the State’s 

brief. This is the fourth extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 10 days, until June 15, 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 Fourth Motion 

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

ROBINSON’s attorney in this matter:

Marilee H. Brown

Marilee@hazelbrownlaw.com

Hazel Brown Wright Reneau, PLLC

391 Landa Street

New Braunfels, TX 78130

Counsel for Appellant on Appeal

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

efile.txcourts.gov, this 8

th day of June, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley