1 NO. 03 -13-00852-CR

GREGORY LOPEZ § IN THE THIRD

V. § DISTRICT COURT OF

THE STATE OF TEXAS § APPEALS OF TEXAS

STATE’S SECOND 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 3 0 days to file Appellee’s brief, and

for good cause would show the following:

I.

Appellant was sentenced in Cause Number CR2012-396 in the 207 th Judicial

District Court of Comal County, Texas, on October 21, 2013, for the offense of

Continuous Sexual Abuse of a Young Child. Appellant’s brief was initially due by

July 2, 2014. A notice of late brief was sent by this Court on August 12, 2014.

Appellant filed a motion for extension of time to file his brief

– until September

18, 2014

–

which was granted by this Court. Subsequently, this Court granted

Appellant’s second motion for extension to file his brief and ordered that his brief

be filed by November 17, 2014. Again, Appellant’s brief was not timely fi led. On

December 4, 2014, this Court abated the appeal and remanded this case to the trial

court for further proceedings. Eventually, Appellant’s brief was filed on December ACCEPTED

03-13-00852-CR

4338570

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/2/2015 4:17:02 PM

JEFFREY D. KYLE

CLERK2

31, 2014. A f

t e r r e c e i v i n g o n e p r e v i o u s e x t e n s i o n

, Appellee’s brief is c u r r e n t l y due

o n M a r c h 2

, 2015.

II.

Mr. Sammy McCrary, the attorney for the State at trial, is handling this case

on appeal. Mr. McCrary has been extremely busy these last few weeks with his

regular docket and other responsibilities. Additionall y, Mr. McCrary

– the Chief

Felony Prosecutor

– has assisted several other attorneys in the office with issues

that have arisen at trial and in their appeals. F i n a l l y

, i n t h e i n s t a n t c a s e

, e x t r a c t i n g

p e r t i n e n t i n f

o r m a t i o n f

r o m s o m e e v i d e n c e f

o r t h e C o u r t ’ s q u i c k r e f e r e n c e

–

i n c l u d i n g p a r t s o f a 4

- h o u r

- l o n g v i d e o

– i s p a r t i c u l a r l y t i m e

- c o n s u m i n g

. M r

.

M c C r a r y has not yet been able to finish t he State’s brief , and respectfully request s

an extension of 30 days to file the State’s brief in the instant cause. This is the

s e c o n d extension sought by Appellee.

III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully prays for an extension of 3 0 days, until A p r i l 1

, 201 5 , 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.3 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

- 20084 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 S e c o n d Motion

to Extend Time to File Brief has been delivered t o Appellant GREGORY LOPEZ’s

attorney of r ecord in this matter:

David K. Sergi

david@sergilaw.com

David K. Sergi & Associates, P.C.

P.O. Box 887

San Marcos, TX 78666

Attorney for Appellant on Appeal

By electronically sending it to his above

- listed email address through

efile.txcourts.gov, t his 2 n d day of M a r c h 2015.

/s/ Joshua D. Presley

Joshua D. Presley