1 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 207 th

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

CLERK2 II.

Ms. Chari Kelly

– the Assistant District Attorney wh o is prosecuting this

case at trial

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

10 th , 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, a nd T a mpering with Physical Evidence.

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

CR2013

- 071 and

- 072, involving m u l t i p l e charges of Continuous Sexual Abuse

and Inde cency wit h a Child . Ms. Kelly is currently prepa ring to try a case

b e g i n n i n g o n F e b r

u a r y 1 7 t h i n C a u s e N u m

b e r C R 2 0 1 1

- 3 9 9

, i n v o l v i n g c h a r g e s o f

A t t e m p t e d M u r d e r

, A g g r a v a t e d A s s a u l t w i t h a D e a d l y W e a p o n a n d T a m p e r i n g

.

Ms. Kelly has not yet had an opportunity to begi n work ing on the appeal in the

instant case, and in light of the f o r e g o i n g

, the State respectfully requests t h a t the

Court grant her a 20

- day extension to file the Appellee’s B rief. This is the first

extension sought by Appellee.

III

.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respect fully requests an extension of 20 days, until March 9

, 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

- 20084 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 S t a t e ’ s F i r s t M o t i o n t o

E x t e n d T i m e t o F i l e B r i e

f has been delivered t o Appellant J U S T I N C A R T E R ’ s

attorney i n this matter :

C h a d P

. V a n B r

u n t

v a n b r u n t l a w @ l i v e

. c o m

2 1 0 S

. S t

. M a

r y ’ s S t r e e t

S u i t e 1 8 4 0

– T o w e r L i f

e B l d g

. S a n A n t o n i o

, T X 7 8 2 0 5

Counsel for Appellant on Appeal

B y electronically sending it to his above

- listed email address through

eFileTexas.gov , this 1 4 t h day of F e b r

u a r y

, 201 5

.

/s/ Joshua D. Presley

Joshua D. Presley