1 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 207 th 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 ha s 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

CLERK2

were stayed prior to closing arguments so that a Writ of Mandamus c ould 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 m erits in t h a t j u v e n i l e m u r d e r

c a s e resumed this morning, May 4, 2015 with closing arguments. Mr. Hearrell has

been focused on the Writ of Mandamus issue and the completion of th i s trial over

the co urse of the last month.

A d d i t i o n a l l y , 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 a

r g u m e n t s i n t h e State’s brief . I n light of the foregoing, the State

respectfully requests that the Court grant him a 30

- day extension to file the

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

does not foresee any further requests for extensions

III

.

WHER EFORE, PREMISES CONSIDERED, the State’s counsel

respect fully requests an extension of 3 0 days, until June 3

, 201 5 , so that an

adequate response may be made to Appellant’s brief. This extension is not3

requested for purposes of delay but so that justice may be done.

R espectfully 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 D istrict A ttorney 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