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NO. 03-14-00570-CR

ERIC BYRON CRAYTON § IN THE THIRD 

VS. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

THIRD MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT: 

 Now comes the State of Texas, Appellee in the above styled and numbered 

cause, and moves for an extension of time of 30 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

 Appellant was convicted by a jury of Tampering with Physical Evidence on 

August 11, 2014 in the 207th District Court of Comal County. The jury then 

sentenced Appellant to 35 years confinement in the institutional division of the 

Texas Department of Criminal Justice. Appellant timely filed his notice of appeal 

and filed his brief with the Court on February 2, 2015. The State’s brief is currently 

due on May 4, 2015. 

II.

 Mr. Clayten Hearrell is handling this appeal for the State. Since the Court 

granted the Second Motion for Extension, Mr. Hearrell has been involved in a 

juvenile murder trial styled In The Matter of S.M., a Juvenile. Those proceedings 

ACCEPTED

03-14-00570-CR

5142306

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/4/2015 3:38:38 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/4/2015 3:38:38 PM JEFFREY D. KYLE Clerk
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were stayed prior to closing arguments so that a Writ of Mandamus could be 

pursued in Cause Number 03-15-00223-CV. An opinion was rendered on that Writ

of Mandamus on April 24, 2015. The trial on the merits in that juvenile murder

case resumed this morning, May 4, 2015 with closing arguments. Mr. Hearrell has 

been focused on the Writ of Mandamus issue and the completion of this trial over 

the course of the last month. 

Additionally, during the week of April 13, 2015, Mr. Hearrell was afflicted 

with food poisoning and was extremely ill for several days, and on April 18, 2015 

Mr. Hearrell’s grandmother passed away, forcing him to travel out of state to 

attend and assist with funeral arrangements. 

The research in this case has been completed and Mr. Hearrell has almost 

completed the arguments in the State’s brief. In light of the foregoing, the State

respectfully requests that the Court grant him a 30-day extension to file the 

Appellee’s Brief. This is the third extension sought by Appellee. The Appellee 

does not foresee any further requests for extensions

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully requests an extension of 30 days, until June 3, 2015, so that an 

adequate response may be made to Appellant’s brief. This extension is not 
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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

CERTIFICATE OF SERVICE

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

Appellee, hereby certify that a true and correct copy of this Third Motion to Extend 

Time to File Appellee’s Brief has been delivered to Appellant ERIC BYRON 

CRAYTON’s attorney of record in this matter:

Richard E. Wetzel

wetzel_law@1411west.com

1411 West Avenue

Suite 100

Austin, TX 78701

Attorney for Appellant on Appeal

By electronically sending it to the above-listed email address through 

efile.txcourts.gov e-filing service this 4

th day of May, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley