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NO. 03-15-00076-CR

EVERTON ROXROY BAILEY § 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 TEXAS, 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 deadline 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 is due on November 2, 2015.

2. No previous extensions of time have been requested by the State. 

3. Appellant’s brief was filed in this Court on October 1, 2015. 

4. Mr. Prezas gave oral argument before this Court on October 22, 2015 in 03-14-

00622-CR Greg Kelley vs. The State of Texas. 

5. Mr. Prezas spent time preparing to represent the State in a live hearing with 

multiple witnesses before a visiting judge on an application for habeas corpus on 

October 30, 2015, in 92-435-K277A State vs. Troy Dale Mansfield. This hearing 

was ultimately cancelled unexpectedly due to flooding preventing visiting Judge 

ACCEPTED

03-15-00076-CR

7644863

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/2/2015 3:39:18 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/2/2015 3:39:18 PM JEFFREY D. KYLE Clerk
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Shaver from attending the hearing.

6. Mr. Prezas expects to file the State’s brief in State vs. Rex Allen Nisbett 03-14-

00402-CR on November 10, 2015.

7. Mr. Prezas expects to present a brief on November 17, 2015, and oral argument on 

November 19, 2015, on the constitutionality of the Penal Code section 

33.021(c),(d) in response to a pre-trial writ of habeas corpus in 15-0431-K368A.

8. Mr. Prezas anticipates filing the State’s brief in 03-14-00585-CR State vs. 

Leovardo Cantos prior to the November 19, 2015, deadline.

9. Mr. Prezas anticipates filing the State’s brief in 03-14-00802-CR State vs. Pedro 

Elizondo Martinez prior to the December 8, 2015, deadline.

10. Mr. Prezas anticipates being out of the office for portions of November and 

December due to the closure of childcare for his young children during the

Thanksgiving and Christmas Holiday periods.

11.For the foregoing reasons, The State respectfully requests that the deadline for 

filing its brief in the above stated cause be extended for an additional sixty four 

(64) days from the current due date of November 2, 2015, to January 5, 2016.
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WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully 

requests that this Court grant its motion for an extension of time and extend the State’s 

deadline to file its brief to January 5, 2016.

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.org

Certificate of Service

This is to certify that on November 2, 2015, a copy of the foregoing motion has 

been sent to Appellant’s attorney of record, Dal Ruggles, 1103 Nueces St., Austin, 

TX, 78701, by eservice at dal@ruggleslaw.com.

/s/ John C. Prezas 

John C. Prezas