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NO. 03-15-00112-CR

MATTHEW JARRETT LEE § IN THE THIRD 

v. § DISTRICT COURT OF 

THE STATE OF TEXAS § 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, Appellee in the above styled and numbered 

cause, and moves for an extension of time of 42 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

 Appellant was charged by complaint and information with Possession of 

Marijuana < 2 Ounces, a class B misdemeanor. He was found guilty by a jury and 

sentenced to 90 days in Comal County Jail, suspended for 12 months. He was also 

assessed a $1,000 fine which was probated for $750, along with court fees and 

costs. Appellant filed a motion for extension of time to file his notice of appeal 

which the Court granted. Appellant subsequently filed his brief on May 26, 2015, 

and the State’s brief is currently due on July 27, 2015. 

ACCEPTED

03-15-00112-CR

6229736

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/27/2015 10:53:54 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 10:53:54 AM JEFFREY D. KYLE Clerk
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II.

I anticipate that I will handle the brief 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 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.

Upon completing that brief, I must finish the State’s brief in 03-15-00079-CR. I 

have not yet been able to perform a significant amount of work on a response in 

the instant case, and respectfully request an extension of 42 days to file the State’s 

brief. This is the second extension sought by Appellee. 

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully prays for an extension of 42 days, until September 7, 2015, so that an 
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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

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 Second Motion 

to Extend Time to File Brief has been delivered to Appellant MATTHEW 

JARRETT LEE’s attorney in this matter:

Frank B. Suhr

fsuhr@newbraunfelslaw.com

THE LAW OFFICES OF FRANK B. SUHR

State Bar No. 19466300

473 S. Seguin Ave., Suite 100

New Braunfels, TX 78130

Counsel for Appellant on Appeal

By electronically sending it to the above-listed email address, this 27

th day of July,

2015.

 /s/ Joshua D. Presley

 Joshua D. Presley