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 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 33 days to file Appellee’s brief, and 

for good cause would show the following:

I. 

Appellant was charged by indictment with Improper Relationship Between 

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

207th 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/20/2015 5:15:59 PM JEFFREY D. KYLE Clerk
2

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

currently due on May 20, 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 submitted on April 17th. 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 03-15-00153-CR and a petition for writ of mandamus in 03-

15-00223-CV. I have handled several recent expunctions which have required 

research and court appearances (including contested expunctions on May 11th

and

May 21st

). 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. Finally, I am currently trying to finish the State’s brief in 03-14-

00407-CR. Because of the foregoing, I have not yet been able to complete a 

significant amount of work on a response, and respectfully request an extension of 

33 days to file the State’s brief in the instant cause. This is the second extension 

sought by Appellee.
3

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 33 days, until June 22, 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
4

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 State’s Second Motion 

to Extend Time to File Brief has been delivered to 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

By electronically sending it to the above-listed email address, this 20th day of May,

2015.

 /s/ Joshua D. Presley

 Joshua D. Presley