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NO. 03-15-00796-CR

JOSE FERNANDEZ-MADRID § IN THE COURT OF APPEALS

§

v. § THIRD DISTRICT

§

STATE OF TEXAS § AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE BRIEF

NOW COMES THE STATE OF TEXAS, Appellee, by and through her Assistant 

District Attorney, and moves the Court, pursuant to Texas Rule of Appellate Procedure 

38.6(d), to extend the deadline for filing the State’s brief. In support of its motion, the 

State would show the Court the following:

1. The State’s Brief in this case is due on November 21, 2016.

2. No previous extensions of time have been requested by the State or granted by this 

Court.

3. Appellant’s brief was filed in this Court on October 20, 2016.

4. The Williamson County District Attorney’s Office has only two appellate 

attorneys—Mr. Pezas and Mr. Sakaida—and both have been handling a variety of 

matters, including continuing to review, analyze, provide discovery to the Harris 

County Public Defender’s office in a large number of cases which may implicate 

the issue of DNA mixture protocols for CPI/CPE analysis and continuing to 

provide analysis and advice to trial courts and trial prosecutors regarding legal 

ACCEPTED

03-15-00796-CR

13897744

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/21/2016 10:55:18 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/21/2016 10:55:18 AM JEFFREY D. KYLE Clerk
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issues and motions to suppress.

5. The Williamson County District Attorney’s office has numerous time consuming 

pending post-conviction matters, including direct appeals, petitions for 

discretionary review, applications for writ of habeas corpus, and an ongoing 

capital murder appeal process. 

6. Mr. Sakaida recently filed an answer and proposed order designating issues in Ex 

parte Weatherford, 12-0465-K277A, an application for writ of Habeas Corpus on 

November 4, 2016.

7. Mr. Sakaida recently filed a brief with this Court in Oden v. State, No. 03-16-

00055-CR on November 15, 2016.

8. Mr. Prezas recently filed a memorandum of law and proposed findings of fact and 

conclusions of law in Ex parte Mclure, 12-0465-K277A, an application for writ of 

Habeas Corpus on November 7, 2016.

9. Mr. Prezas is currently working intensively on Thomas v. State, AP-77,052, a 

death penalty appeal made directly to the Court of Criminal Appeals. 

10. Mr. Prezas and Mr. Sakaida will be out of the office for some time over the 

holidays in the upcoming months.

11. The Williamson County District Attorney’s Office is in a period of transition as 

the current elected District Attorney will cease her duties at the end of the year 

and a new District Attorney will assume those duties in January. As part of this 
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transition the office has experienced a loss of staff and attorneys not likely to be 

replaced prior to January. These losses include the legal assistant to the appellate 

division and require both attorneys in the appellate division currently, as well as 

others in the office, to complete a variety of tasks not normally assigned to them in 

addition to their regular duties. This, in turn, means further time is necessary to 

complete these regular duties.

12. For the foregoing reasons, The State respectfully requests that the deadline for 

filing its brief in the above stated cause be extended for an additional sixty (60)

days from the current due date of November 21, 2016, to January 20, 2017.

WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully 

requests that this Court grant its motion for an extension of time and extend the State’s 

deadline to file its brief to January 20, 2017.

Respectfully submitted,

Jana Duty

District Attorney

Williamson County, Texas

/s/ Daniel Sakaida

Daniel Sakaida

Assistant District Attorney

State Bar Number 24084601

405 Martin Luther King #1

Georgetown, Texas 78626

(512) 943-1248

(512) 943-1255 (fax)

daniel.sakaida@wilco.org
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Certificate of Service

This is to certify that on November 21, 2016, a copy of the foregoing motion has 

been sent to Appellant’s attorney of record, Dal Ruggles, 1103 Nueces St., Austin, TX,

78701 by eservice at Dal@RugglesLaw.com

/s/ Daniel Sakaida 

Daniel Sakaida