1 NO . 03-14-00402- CR REX ALLEN NISBETT § 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 TEXA S, Appellee, by and through her Assistant Distr ict Attorney , John C. Prezas, 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 motion, the State would show the Court the following:
1. The State’s Brief in this case is due on August 7, 2015.
2. T wo previous extensions of time hav e been requested by the State and granted by this Court. 3. Appellant’s brief was filed in this Court on May 8, 2015.
4. Since the granting of the previous extension, the State has continued to re view the record and research the issues Appellant has raised. B ecause the sufficiency of the evidence is contested, the State is continuing to fully review and a nalyze the record and all evidence su bmitted to the jury. 5. Mr. Prezas anticipates filing the State ’s b rief in 03 -14-00802- CR State vs. Pedro Elizondo Martinez and in 03-14-00585- CR State vs. Leovardo Cantos prior to the ACCEPTED 03-14-00402-CR 7291850 THIRD COURT OF APPEALS

AUSTIN, TEXAS 10/8/2015 1:55:38 PM JEFFREY D. KYLE

CLERK2 requested deadlines

. 6. Mr. Prezas is set for oral argument before this Court on October 22, 2015 in 03

- 14

- 00622

- C R Greg Kelley vs. The State of Texas.
7. Mr. Prezas is set for a live hearing before a visiting judge on an application for habeas corpus on October 30, 201 5, in 92

- 435

- K277A State vs. Troy Dale Mansfield . Based on the representations of opposing counsel in that case, Mr. Prezas expects between five and eight witnesses to testify.
8. Mr. Prezas recently filed briefs in this Court in State vs. Jim Jack Thompson 0 3

- 14

- 00371

- CR on September 15, 2015 , and in State vs. James Allen Weatherford 03

- 14

- 00527

- CR on August 31, 2015

. 9. Mr. Prezas recently filed proposed findings of fact and conclusions of law in Ex Parte Paul E. Gonzalez 04

- 103

- K26A, an application for habeas corpus relief, on September 18, 2015.
10. Mr. Prezas filed an Answer and Motion to Dismiss for Want of Jurisdiction another application for habeas corpus relief, Ex Parte Joshua Tatroe 10

- 077

- J395 on September 18, 2015.3 11. Mr. Prezas filed Proposed Supplemental Findings of Fact and Conclusions of Law with the trial court in response to an Order by the Court of Criminal Appeals on September 30, 2015 in Ex Parte Cory Dale Morgan 12

- 1212

- K368A, WR

- 81,867

- 01.
12. After investigation and discussions with a local attorne y, in response to an Order by the Court of Criminal Appeals, Mr. Prezas recently filed a motion and proposed Order to the trial court to compel said attorney to file an affidavit regarding his representation of the applicant for habeas corpus relief in Ex Parte Wendi Ann Tillman 0 6

- 1062

- K368A on September 30, 2015.
13. 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 six ty (60 ) days from the current due dat e of October 9, 2015 , to December 8, 2015

.4 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 December 8, 2015

. Respectfull y 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 October 8 , 2015 , a copy of the foregoing mot ion ha s been s ent to A ppellant ’ s attorney of record , Kristen Jernigan , 207 S. Austin Ave. , Georgetown, TX 78626 , by eservice at kristen@txcrimapp.com

. /s/ John C. Prezas John C. Prezas