1 NO . 03-14-00633- CR STATE OF TEXAS § IN THE COURT OF APPEALS § v. § THIRD DISTRICT § JOHN ALLEN WACHTENDORF § AUSTIN, TEXAS MOTION FOR EXTENSION OF TIME TO FILE BRIEF NOW COMES THE STATE OF TEXAS, Appellant, by and through her Assistant District Attorney, and moves the Court, pursuant to Texas Rule of Appellate Procedure 38.6(d), to extend the deadli ne for filing the State’s brief. In support of its mo tion, the State would show the Court the following: 1. The State’s Brief in this case is due on February 16, 201 5 . 2. No previous extensions of time have been requested by the State or granted by this Court. 3. The undersigned Assistant District Attorney, assumed the duties of the appellate prosecuto r for the Williamson County District Attorney’s Office on November 3, 2014. 4. The undersigned is the sole Assistant District Attorney in the Williamson County District Attorney’s Office assigned to the appellate division, and must, in addition to handling writs and direct appeals, advise the trial prosecutors on motions to ACCEPTED 03-14-00633-CR 4133786 THIRD COURT OF APPEALS

AUSTIN, TEXAS 2/12/2015 4:27:02 PM JEFFREY D. KYLE

CLERK2

suppress, jury charges, issues that aris e during trial, and other legal matters as they come up during the course of the prosecution of a case. 5. Upon assuming office, the undersigned Assistant District Attorney found numerous matters unresolved by his predecessor , many o f which appear to have been unattended for some time , and to which he must now attend . These include the following W rits of Habeas Corpus : Ex Parte Markum Woodrow Peavey WR 70,212 - 03, 08 - 1604 - K26A, Ex Parte Cory Dale Morgan WR - 81,867 - 01, 12 - 1212 - K368A, Ex Parte Stephen Farrell Eikelboom , WR - 81,534 - 01, WR - 81, 534 - 02, WR 81,534 - 03, Ex Parte Robert Brown , 05 - 307 - K277A, Ex Parte Austen Joseph Ross , 07 - 379 - K368A, Ex Parte David Wayne Grasman 03 - 168 - K277A, Ex Parte Beau Prestidge 08 - 1340 - K368A, Ex Parte Antonio Gonzalez Rodriguez 00 - 430 - K368B, Ex Parte Scott Patrick Hudson 09 - 1620 - K277A, Ex Parte Robert Jesse Padilla 06 - 921 - K368A, Ex Parte Johnny Moreno 07 - 712 - K368B, Ex Parte Dionisio Balderas Moreno 07 - 469 - K368B, Ex Parte Daniel Robert Lock 97 - 780 - K277A, and Ex Parte Robert Carlos Campos 08 - 1015 - K26A . 6. On January 29, 2015, the undersigned Assistant Distric t Attorney filed a State’s Response to Appellant’s Motion to Dismiss in this cause. 7. Since assuming his position , t he undersigned Assistant Distric t Attorney has filed answer s to applications for writs of habeas corpus in Ex Parte Edward Lamonyne3

King 10 - 1235 - K26A , and Ex Parte Daniel Robert Lock 94 - 085 - K277A , affidavits , supplemental documentation, and /or proposed findings o f fact and conclusions of law regarding applications for writs of habeas corpus in Ex Parte Stephen Farrell Eikelboom , WR - 81,534 - 01, WR - 81,534 - 02, WR - 81,534 - 03 , Ex Parte Robert Brown WR - 71,460 - 4, and Ex Parte Antonio Gonzalez Rodriguez 00 - 430 - K368B , obtained and filed an affidavit requested by the Court of Criminal Appeals in Ex Parte Cory Dale Morgan WR - 81,86 7 - 01, 12 - 1212 - K368A . 8. The State still has a variety of appeals and writs of habeas corpus to which he must respond. 9. For the foregoing reasons, T he State respectfully request s that the deadline for filing its brief in the above stated cause be extended for an additional six ty (6 0) days from the current due date of February 16 , 201 5 , to April 17 , 201 5 .4

WHEREFORE, P REMISES CONSIDERED, the State of Texa s respectfully requests that this Court grant its motio n for an exte nsion of time and extend the State’s deadline to file its brief to April 17 , 201 5 . Respectfully submitted, Jana Duty District Attorney Williamson Co unty, 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 Cer tificate of Service This is to certify that on February 12, 2015 , a copy of the foregoing mot ion ha s been s ent to A ppellant ’ s attorney of record , Ms. Kristen Jernigan , 207 S. Austin Ave. Georgetown, Texas 78626, k risten @ txcrimapp.com by eservice .

/s/ John C. Prezas John C. Prezas