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NO. 01-15-00366-CR

TRACE ROGERS SMITH § IN THE FIRST 

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 30 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

Appellant’s brief was initially due on or about June 26th (though the Court’s 

website indicates a due date of July 6th, Appellant’s counsel indicated the original 

due date was around June 26th). After Appellant’s motion for extension was

granted, Appellant filed his brief on August 12, 2015. The State’s brief is currently 

due on October 26, 2015. 

II.

I anticipate that I will handle the brief for the State in this case. I filed the 

State’s brief in 03-14-00695-CR on September 30th. I reviewed, edited and 

ACCEPTED

01-15-00366-cr

FIRST COURT OF APPEALS

HOUSTON, TEXAS

10/27/2015 8:47:56 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/27/2015 8:47:56 AM CHRISTOPHER A. PRINE Clerk
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expanded another individual’s brief in 03-15-00112-CR prior to submission on 

October 6th. I sat second chair with another attorney for his oral argument in 03-

14-00570-CR on October 7th. I helped one attorney with his brief in 03-15-00153-

CR, and I contributed to another attorney’s brief which was submitted late last

night in 03-15-00247-CR. I must also complete the State’s brief in 03-14-00329-

CR by November 2, 2015. Among others, I have an additional brief currently due

on November 9

th

in 03-14-00712-CR. I have also gathered information on, 

reviewed and filed answers to expunctions and nondisclosures, including several 

petitions in the last month. I assisted other attorneys in the office with various 

issues in their cases and appeals.

Due to a substantial increase in appellate work for our County, the

Commissioners’ Court has approved funding for a second appellate prosecutor

position. I have reviewed applications and participated in interviews for said

position, which our office hopes to add in the near future. Because of the

foregoing, I have not yet had the opportunity to work on the brief in the instant

case, and respectfully request an extension of 30 days to file the State’s brief. This

is the second extension sought by Appellee.
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III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 30 days, until November 25, 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

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 TRACE ROGERS 

SMITH’s attorney in this matter:

Atanacio Campos

atanacio@aol.com

496 S. Castell Ave.

New Braunfels, TX 78130

Counsel for Appellant on Appeal

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

efile.txcourts.gov, this 27

th day of October, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley