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NO. 03-15-00153-CR

THE STATE OF TEXAS § IN THE THIRD 

v. § DISTRICT COURT OF 

FRANCES ANITA ROBINSON § 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, Appellant in the above styled and numbered 

cause, and moves for an extension of time of 30 days from reinstatement of the 

instant case in the Court of Appeals (after a potential remand) or from the trial 

court’s filing of any amended findings to file Appellee’s brief, and for good cause 

would show the following: 

I.

 Appellee was indicted by a grand jury on June 5, 2013 for the charge of 

Intoxication Manslaughter in CR2013-267. After Appellee’s motion to suppress 

evidence was granted by the trial court on February 18, 2015, the State timely 

appealed pursuant to article 44.01 of the Code of Criminal Procedure, and a stay 

was granted by the Court of Appeals on March 20, 2015. The State timely filed its 

request for findings of fact and conclusions of law with the trial court on March 10, 

2015. See Tex. R. Civ. P. 296. Out of an abundance of caution, the State timely 

filed its notice of past due findings of fact and conclusions of law on April 9, 2015, 

ACCEPTED

03-15-00153-CR

5296282

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/15/2015 9:16:20 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/15/2015 9:16:20 AM JEFFREY D. KYLE Clerk
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along with the State’s proposed findings for the trial court. See Tex. R. Civ. P. 297.

The State’s brief is currently due on May 14, 2015. 

II.

Assistant District Attorney Daniel Palmitier is handling the appeal for the 

State in this case. Yesterday, May 14, 2015, the State filed a verified motion to 

abate and remand the cause to the trial court, because the trial court’s findings –

entered after it was deprived of jurisdiction – are void, and because the State is 

entitled to have such findings for the appeal. Further, the State had no notice or 

actual knowledge of the entry of said findings until May 6, 2015 – more than ten 

days after they were filed. See Tex. R. Civ. P. 297, 298. The State will request

additional findings in the event of a remand. Mr. Palmitier has already performed 

much of the necessary research, but he has not yet been able to complete the 

State’s brief. The State’s Verified Motion to Abate and Remand is currently 

pending in this Court; in the event of a remand, the State respectfully requests an

extension of 30 days from reinstatement in the Court of Appeals – or 30 days from 

the filing of any amended findings – to file its 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 after reinstatement in the Court of 

Appeals or the entry of amended findings, so that Appellant’s brief will fully, 

adequately and accurately present its case to the Honorable Court of Appeals. 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
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CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for Appellant, the State of 

Texas, hereby certify that a true and correct copy of the above and foregoing 

State’s Second Motion to Extend Time to File Brief was sent to 

Defendant/Appellee FRANCES ANITA ROBINSON’s attorney of record in this 

matter: 

Mr. Charles Sullivan

csullivan@lawcsullivan.com

308 Campbell Dr. 

Canyon Lake, TX 78133

Fax: 210-579-6448

Attorney for Appellee on Appeal

By electronic service to the above-listed email address through efile.txcourts.gov 

on this the 15

th day of May, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley