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NO. 03-14-00669-CR

EX PARTE § IN THE THIRD 

§ DISTRICT COURT OF 

JUSTIN CARTER § APPEALS OF TEXAS 

STATE’S FIRST 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 20 days to file Appellee’s brief, and 

for good cause would show the following: 

I.

 Appellant was indicted by a grand jury on April 10, 2013 for the charge of 

Terroristic Threat under § 22.07 of the Texas Penal Code, a third-degree felony. 

Appellant’s case – Cause Number CR2013-159 – is currently pending in the 207th

Judicial District Court of Comal County, Texas. Appellant filed several motions 

and a pretrial writ of habeas corpus, which the State answered in a consolidated 

response filed on August 26, 2014. After the trial court denied Appellant’s 

application, he filed a notice of appeal in this Court, with his brief initially being 

due on January 12, 2015. After Appellant’s motion for extension was granted, 

Appellant submitted his brief on January 26, 2015. The State’s brief is currently 

due on February 17, 2015. 

ACCEPTED

03-14-00669-CR

4155039

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/14/2015 4:33:44 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 12:00:00 AM JEFFREY D. KYLE Clerk
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II.

Ms. Chari Kelly – the Assistant District Attorney who is prosecuting this 

case at trial – is handling the appeal for the State. From February 2nd to February 

10th, Ms. Kelly sat first chair in Cause Number CR2014-090, a case involving 

charges of Attempted Capital Murder, Aggravated Kidnapping, Aggravated Sexual 

Assault, Aggravated Robbery, and Tampering with Physical Evidence. 

Immediately after that trial, Ms. Kelly sat with another attorney in Cause Numbers 

CR2013-071 and -072, involving multiple charges of Continuous Sexual Abuse 

and Indecency with a Child. Ms. Kelly is currently preparing to try a case 

beginning on February 17

th

in Cause Number CR2011-399, involving charges of

Attempted Murder, Aggravated Assault with a Deadly Weapon and Tampering.

Ms. Kelly has not yet had an opportunity to begin working on the appeal in the 

instant case, and in light of the foregoing, the State respectfully requests that the 

Court grant her a 20-day extension to file the Appellee’s Brief. This is the first 

extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel 

respectfully requests an extension of 20 days, until March 9, 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
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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 First Motion to

Extend Time to File Brief has been delivered to Appellant JUSTIN CARTER’s

attorney in this matter:

Chad P. Van Brunt

vanbruntlaw@live.com

210 S. St. Mary’s Street

Suite 1840 – Tower Life Bldg.

San Antonio, TX 78205

Counsel for Appellant on Appeal

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

eFileTexas.gov, this 14

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day of February, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley