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NO. 03-14-00033-CR

MICHAEL MARRERO § IN THE THIRD 

VS. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE JUDGES 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 53 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

After Appellant’s pretrial motion to suppress was denied, he pled guilty to 

the class “A” misdemeanor offense of Driving While Intoxicated and received a 

one-year sentence in county jail, suspended for 15 months, along with a fine and 

court costs. Appellant’s brief was originally due June 2, 2014. Appellant received 

two extensions to August 18, 2014 before the appeal was abated for findings of 

fact and conclusions of law. After the case was reinstated in the Third District 

Court of Appeals on October 3, 2014, Appellant filed his brief on November 4, 

2014. The State’s brief was originally due on December 4, 2014. The State’s first 

motion for extension was granted, extending the deadline to January 5, 2015. 

ACCEPTED

03-14-00033-CR

3642503

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/5/2015 8:18:37 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 8:18:37 AM JEFFREY D. KYLE Clerk
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II.

Abigail Whitaker is handling this case for the State on Appeal. The first 

motion for extension was based on lack of notice. Although Ms. Braud – counsel 

for Appellant – later verified that she had faxed a copy of her brief to the State’s 

fax number the same day she filed it, whether due to a technical issue with the fax 

machines or an office mix-up, none of the State’s attorneys familiar with the 

appeal received notice until December 1, 2015, when I noticed the Court’s website 

showed a brief had been filed. 

In early December, Ms. Whitaker had a trial in cause number 2014CR0532. 

She subsequently had a jury week on the 9-10th of December, and had to catch up 

on intake through the 19th of December. After the holidays, as a misdemeanor 

prosecutor she will handle several cases in court on January 6th and 7th, and her

vacation is scheduled from the 10th to the 17th of January. Upon her return, she will 

handle 14 misdemeanor cases at the end of January. She will have court days on 

February 3rd, 4th, 17th and 18th, and will have a jury week beginning on the 9th of 

February. Ms. Whitaker anticipates a significant opening in her schedule near the 

end of February. After conferring with the opposing party, counsel for Appellant

does not oppose the extension. Accordingly, in light of Ms. Whitaker’s workload 

and the fact that Appellant’s sentence was suspended, the State respectfully 
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requests an extension of 53 days, to February 27th, 2015. This is the second

extension sought by Appellee, and no more extensions will be requested.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully requests an extension of 53 days, until February 27th, 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 Second Motion to 

Extend Time to File Appellee’s Brief has been delivered to Appellant MICHAEL 

MARRERO’s attorney of record in this matter:

Hallye Casey Braud

Attorney for Appellant on Appeal

hallye@dwidude.com

313 S. Main

San Antonio, TX 78205

By electronically sending it to the above email address through eFileTexas.gov efiling this 5

th day of January, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley