1 NO. 03

- 14

- 00818

- CR

CLINTON DAVID BECK § 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 JUSTICE S 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 33 days to file Appellee’s brief, and

for good cause would show the following:

I.

Appellant was charged by indictment with Improper Relati onship Between

Educator and Student and Online Solicitation of a Minor on April 13, 2011 in the

207 th Judicial District Court of Comal County. After pleading guilty to Count II,

Improper Relationship Between Educator and Student, the trial court sentenced

Appellant to ten years confinement and suspended the sentence for a period of ten

years. Appellant was also required to forfeit his teaching license and not apply for

any future teaching license in the United States. On September 4, 2014, Appellant

filed an Application for Writ of Habeas Corpus under article 11.072 of the Texas

Code of Criminal Procedure. After the trial court denied the Application, Appellant ACCEPTED 03-14-00818-CR 5367519 THIRD COURT OF APPEALS

AUSTIN, TEXAS 5/20/2015 5:15:59 PM JEFFREY D. KYLE

CLERK2 appealed. Appellant’s brief was submitted on March 20, 2015. Appellee’s brief is

currently due on M a y 2 0 , 2015.

II.

I am handling the appeal for the State in this case

. I prepared findings of fact

and conclusions of law for the District Court related to trial cause number CR2012

-

263, which I s ubmitted on April 17 th . I subsequently worked on and submitted

findings related to writ number WR

- 81,373

- 02. I have assisted on other research

and appellate issues in the office, including issues related to a pending motion to

abate and remand in 03

- 15

- 001 53

- CR and a petition for writ of mandamus in 03

-

15

- 00223

- CV. I have ha n d l e d several recent expunctions which h a v e required

research and court appearances (including contested expunction s on M ay 11 t h a n d

M a y 2 1 s t ). I will also attend an appellate law conference in Austin at the end of the

month, and I will likely sit second chair for oral argument in 03

- 14

- 00669

- CR on

June 3, 2015

. F i n a l l y , I a m c u r r e n t l y t r y i n g t o finish t h e S t a t e ’ s b r i e f i n 0 3

- 1 4

-

0 0 4 0 7

- C R

. Because of the foregoing, I have not yet been able to complete a

significant amount of work on a response, and res pec tfully request an extension of

3 3 days to file the State’s brief in the instant cause. This is the s e c o n d extension

sought by Appellee.3 III

.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully prays for an extension of 3 3 days, until J u n e 2 2

, 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.

R espectfully submitted,

/s/ Joshua D. Presley Joshua D. Presl ey 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 CLINTON DAVID

BECK ’s attorney in this matter :

Terri R. Zimmermann Terri.Zimmermann@ZLZSlaw.com 770 South Post Oak Lane, Suite 620 Houston, TX 77056 Counsel for Appellant on Appeal

B y electronically sending it to the above

- listed email address , this 2 0 t h day of M a y , 2015

.

/s/ Joshua D. Presley Joshua D. Presley