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NO. 03-13-00852-CR

GREGORY LOPEZ § 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 12 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

Appellant was sentenced in Cause Number CR2012-396 in the 207th Judicial 

District Court of Comal County, Texas, on October 21, 2013, for the offense of 

Continuous Sexual Abuse of a Young Child. Appellant’s brief was initially due by 

July 2, 2014. A notice of late brief was sent by this Court on August 12, 2014. 

Appellant filed a motion for extension of time to file his brief – until September 

18, 2014 – which was granted by this Court. Subsequently, this Court granted 

Appellant’s second motion for extension to file his brief and ordered that his brief 

be filed by November 17, 2014. Again, Appellant’s brief was not timely filed. On

December 4, 2014, this Court abated the appeal and remanded this case to the trial 

court for further proceedings. Eventually, Appellant’s brief was filed on December 

ACCEPTED

03-13-00852-CR

4804733

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/8/2015 11:17:27 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/8/2015 11:17:27 AM JEFFREY D. KYLE Clerk
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31, 2014. After receiving two previous extensions, Appellee’s brief is currently 

due on April 1, 2015.

II.

Mr. Sammy McCrary, the attorney for the State at trial, is handling this case 

on appeal. In addition to Mr. McCrary’s normally heavy caseload as Chief Felony

Prosecutor, our county offices have recently had issues with internet access,

complicating research related to appellate and everyday work. Mr. McCrary and

other individuals in the office have had to work from home at times. Mr. McCrary

has almost completed his brief, and hopes to file it within a day or so. Accordingly,

the State respectfully requests a 12-day extension from the current April 1

st

deadline – to April 13

th

– to submit its brief. This is the third extension sought by 

Appellee, and no more extensions will be requested.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 12 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. 
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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 Second Motion 

to Extend Time to File Brief has been delivered to Appellant GREGORY LOPEZ’s 

attorney of record in this matter: 

David K. Sergi 

david@sergilaw.com 

David K. Sergi & Associates, P.C. 

P.O. Box 887 

San Marcos, TX 78666 

Attorney for Appellant on Appeal 

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

efile.txcourts.gov, this the 8

th

day of April, 2015. 

 /s/ Joshua D. Presley

 Joshua D. Presley