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NO. 03-14-00802-CR

PEDRO ELIZONDO MARTINEZ JR. § 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 August 10, 2015. 

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

Court. 

3. Appellant’s brief was filed in this Court on July 10, 2015. 

4. Mr. Prezas plans to file proposed findings of fact and conclusion of law in Ex Parte 

Wendi Ann Tillman 06-1062-K368 on August 14, 2015, a response to the trial court 

regarding a request for DNA testing in State vs. Charles Lee 03-798-K277 on 

August 18, 2015, a State’s brief in State vs. James Allen Weatherford 03-14-00527-

CR on August 31, 2015, and a State’s brief in State vs. Jim Jack Thompson 03-14-

00371-CR on September 15, 2015.

ACCEPTED

03-14-00802-CR

6433464

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/10/2015 4:56:14 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/10/2015 4:56:14 PM JEFFREY D. KYLE Clerk
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5. Since the previous extension was granted Mr. Prezas has made progress on

researching the legal issues raised by Appellant in the instant case while also filing 

a State’s brief in response to Appellant’s pro se brief in cause State vs. James Allen 

Weatherford 03-14-00528-CR on August 3, 2015, answers and proposed findings 

of fact and conclusions of law in Ex Parte Samuel Jedediah Burleson 05-265-

K277D and Ex Parte Samuel Jedediah Burleson 08-684-K26C, proposed findings 

of fact and conclusion of law in Ex Parte Steven M. Ruiz 12-1097-K26A, and 

answers in Ex Parte Joseph Paul Mayzone 93-070-K277A, Ex Parte Joseph Paul 

Mayzone 93-069-K277A, Ex Parte Victor Manuel Soto 13-1581-K26A, Ex Parte 

Edwin Gus Schneider 10-960-K26A, Ex Parte Timothy Jerrold Kipp 13-0658-

K277A, and Ex Parte Timothy Jerrold Kipp 13-0622-K277A

6. 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 (60)

days from the current due date of August 10, 2015, to October 9, 2015.
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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 October 9, 2015.

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 August 10, 2015, a copy of the foregoing motion has 

been sent to Appellant’s attorney of record, Ellic Sahualla, 600 W. 13th St., Austin, TX 

78701, by eservice at ellic@sahuallalaw.com.

/s/ John C. Prezas 

John C. Prezas