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NO. 03-14-00818-CR

CLINTON DAVID BECK § IN THE THIRD 

v. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S FIRST 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 30 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

4962246

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/21/2015 11:29:14 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/21/2015 11:29:14 AM JEFFREY D. KYLE Clerk
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appealed. Appellant’s brief was submitted on March 20, 2015. Appellee’s brief is 

currently due on April 20, 2015.1

II.

I am handling the appeal for the State in this case. I was out of the country –

performing some manual work while on vacation – from March 21st to March 30th. 

Upon my return I worked through the Easter weekend on another appellate brief,

which I filed shortly before midnight on April 13th in 03-14-00617-CR. On that 

same day I filed a motion for new trial regarding orders of expunction; the trial 

court granted the new trial on April 14th. I have also assisted with other appeals 

and research questions in the office, submitted proposed findings of fact and 

conclusions of law to the district court, worked on expunctions, and over the past 

few days I have worked long hours related to a pending petition for mandamus. 

Finally, it appears from the Court’s website that a supplemental reporter’s record

was filed on April 17, 2015, and I have not yet received a copy of said record.

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 30 days to file the 

State’s brief in the instant cause. This is the first extension sought by Appellee.

 

1 Although I attempted to file a motion for extension yesterday, efile.txcourts.gov suddenly

would not allow me to manually enter a service email address for opposing counsel, and it would

not pull her address up through its search function. On April 21

st

, tech support for the electronic

filing manager stated they had removed the manual email entry function from the system.
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III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 30 days, until May 20, 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 First 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 21

st

day of April,

2015.

 /s/ Joshua D. Presley

 Joshua D. Presley