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NO. 03-13-00794-CR

FRED YAZDI § IN THE COURT OF APPEALS 

§

v. § THIRD DISTRICT 

§

STATE OF TEXAS § AUSTIN, TEXAS 

 SECOND 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 February 20, 2015.

2. One previous extensions of time have been granted by this Court. 

3. The undersigned is the sole Assistant District Attorney in the Williamson County 

District Attorney’s Office assigned to the appellate division, and must, in addition 

to handling all writs of habeas corpus applications and direct appeals, advise the 

trial prosecutors on motions to suppress, jury charges, issues that arise during trial, 

and other legal matters as they come up during the course of the prosecution of a 

case. 

4. The undersigned Assistant District Attorney anticipates filing a State’s brief in 03-

ACCEPTED

03-13-00794-CR

4189297

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/18/2015 10:36:28 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 10:36:28 AM JEFFREY D. KYLE Clerk
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14-00622-CR State vs. Gregory Kelley with this Court on February 27, 2015

5. During the time given to prepare the State’s brief in this matter, the undersigned 

Assistant District Attorney has filed findings of fact and conclusions of law in Ex 

Parte Stephen Farrell Eikelboom, WR-81,534-01, WR-81,534-02, WR-81,534-03, 

and Ex Parte Antonio Gonzalez Rodriguez 00-430-K368B, obtained and filed an 

affidavit requested by the Court of Criminal Appeals in Ex Parte Cory Dale 

Morgan WR-81,867-01, 12-1212-K368A, and filed a State’s Response to 

Appellant’s Motion to Dismiss in State vs. Wachtendorf, 03-14-00633-CR.

6. The undersigned Assistant District Attorney seeks to balance upcoming deadlines 

in this cause with those in Ex Parte Robert Jesse Padilla 06-921-K368A, Ex Parte 

Daniel Robert Lock 97-780-K277A and 94-085-K277A, Ex Parte Edward 

Lamoyne King 10-1235-K26A, State vs. Wachtendorf, 03-14-00633-CR, State v. 

Mower 03-14-00094-CR, 

7. 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 seventy five

(75) days from the current due date of February 20, 2015, to May 6, 2015.
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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 May 6, 2015.

Respectfully submitted,

Jana Duty

District Attorney

Williamson County, Texas

/s/ John C. Prezas

John C. Prezas

Assistant District Attorney

State Bar Number 24041722

405 Martin Luther King #1

Georgetown, Texas 78626

(512) 943-1248

(512) 943-1255 (fax)

jprezas@wilco.org

Certificate of Service

This is to certify that on February 18, 2015, a copy of the foregoing motion was 

sent to Appellant’s attorney of record, Ms. Linda Icenhauer-Ramirez, 1103 Nueces 

Street, Austin, TX 78701, ljir@aol.com, by eservice.

/s/ John C. Prezas 

John C. Prezas