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NO. 03-14-00617-CR

NATHANIEL PAUL FOX § IN THE THIRD 

V. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S THIRD 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 seven (7) days to file Appellee’s 

brief, and for good cause would show the following: 

I.

 Appellant was indicted by a grand jury on March 13, 2013 for the charges of 

Murder and Aggravated Assault of a Family or Household Member with a Deadly 

Weapon in CR2013-091. Appellant filed his brief on January 22, 2015. After its 

first and second extensions (for 30 and 12 days, respectively) were granted by the 

Court, the State’s brief is currently due on April 6, 2015. 

II.

 I am handling the appeal for the State in this case. Although I hoped to 

complete a good deal of the brief while on a 10-day vacation, much of my trip 

overseas involved volunteer manual labor, and I was unable to perform significant 

work until my return to the office on March 31st. In addition to my office 

ACCEPTED

03-14-00617-CR

4798555

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/7/2015 6:01:17 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/7/2015 6:01:17 PM JEFFREY D. KYLE Clerk
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responsibilities – lately involving requests for findings of fact, motions for new 

trial and preparations for potential State’s appeals in multiple cases – I have been 

working diligently on the brief in the instant case since my return. I worked from 

my office on said brief during all three days I was technically off this past 

weekend. While I had planned to electronically file the brief last night before 

midnight, our county offices had issues with our internet service provider for most 

of yesterday evening and today until around 4:10 p.m. I eventually went home to 

access a legal database. I have completed the majority of the State’s brief, but I 

respectfully request an extension of seven days to file said brief, to further ensure 

time for a colleague to review it. This is the third extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of seven (7) days, until April 13, 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 State’s Third Motion to 

Extend Time to File Brief has been delivered to Appellant NATHANIEL PAUL 

FOX’s attorney in this matter:

Paul A. Finley

pfinley@reaganburrus.com

Reagan Burrus PLLC

401 Main Plaza, Suite 200

New Braunfels, TX 78130

Counsel for Appellant on Appeal

By electronically sending it to his above-listed email address through 

efile.txcourts.gov, this 7

th day of April, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley