1 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. Appellan t’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

CLERK2 II.

A bigail Whitaker is handling this case for the St ate on Appeal. The first

motion for extension was based on lack of notice. A lthough Ms. Braud

– counsel

for A ppellant

– 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

- 10 th of December, and had to catch up

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

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

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

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

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

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

end of February. A f

t e r c o n f e r r i n g w i t h t h e o p p o s i n g p a r t y

, c o u n s e l f o r A p p e l l a n t

d o e s n o t o p p o s e t h e e x t e n s i o n

. Accordingly, in light of Ms. Whitaker’s workload

and the fact that Appellant ’ s s e n t e n c e w a s s u s p e n d e d , the State respectfully3

requests an extension of 53 days, to February 27 th , 2015. This is the second

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

.

III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully requests an extension of 53 days, until February 27 th

, 201 5 , so that an

adequate response ma y be made to Appellant’s brief. This extension is not

requested for purposes of delay but so that justice may be done.

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 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 t o 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

B y el ectronically sending it to the above email address through eFileTexas.gov e

filing this 5 th day of January

, 2015

.

/s/ Joshua D. Presley

Joshua D. Presley