1 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 deadli ne for filing the State’s brief. In support of its
mo tion, the State would show the Court the following: 1. The State’s Brief in this case is due on February 20 , 201 5
. 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

CLERK2

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 Crim inal 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 upcom ing 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 Ki ng 10

- 1235

- K26A , State vs. Wachtendorf , 03

- 14

- 00633

- CR , State v. Mower 03

- 14

- 00094

- CR , 7. For the foregoing reasons, T he State respectfully req uest s 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 2 0 , 201 5 , to May 6 , 2015
.3

WHEREFORE, PREMISES CONSIDERED, the State of Texa s respectfully reque sts that this Court grant its motio n for an exte nsion 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 Assis tant 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 1 8 , 2015 , a copy of the foregoing mot ion was s ent to A ppellant ’ 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