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NO. 03-15-00079-CR

DAVID KENT THACKER, JR. § IN THE THIRD 

V. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S THIRD MOTION TO EXTEND TIME TO FILE 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 the offense of Driving While 

Intoxicated with Two or More Previous Convictions for the Same Type of Offense. 

The offense was thereby enhanced from a third-degree felony to habitual, and 

Appellant received a life sentence on January 28, 2015. Appellant’s brief was filed 

on April 17, 2015. The State’s brief is currently due on July 27, 2015. 

II.

I am handling the appeal for the State in this case. I filed the State’s brief in 

03-14-00639-CR on July 13, 2015. I have reviewed – and, when required, filed an 

answer to – expunctions and nondisclosures; within the past two weeks, I have also 

prepared an expunction petition and order and performed other research related to 

ACCEPTED

03-15-00079-CR

6229422

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/27/2015 10:44:19 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 10:44:19 AM JEFFREY D. KYLE Clerk
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expunctions. I have recently assisted other attorneys in the office with issues in 

their appeals, including a trial court hearing on a dispute related to a reporter’s 

record in 03-14-00570-CR and findings of fact and conclusions of law in a 

remanded State’s appeal in 03-15-00153-CR. Additionally, I have assisted other 

attorneys in the office – and in one instance, an attorney from another county’s 

office – by researching various issues that have arisen in their trials. I am currently 

attempting to finish the State’s brief in 03-14-00818-CR. I have not yet been able 

to work on a response in the instant case, and respectfully request an extension of 

30 days to file the State’s brief. This is the third extension sought by Appellee. 

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 30 days, until August 26, 2015, so that an 

adequate response may be made to Appellant’s brief. 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 the State of Texas, 

Appellee, hereby certify that a true and correct copy of this State’s Third Motion to 

Extend Time to File Brief has been delivered to Appellant DAVID KENT 

THACKER, JR.’s attorney in this matter:

Gerald C. Moton

11765 West Avenue, PMB 248

Austin, TX 78216

motongerald32@gmail.com

Counsel for Appellant on Appeal

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

efile.txcourts.gov, this 27

th day of July, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley