Paul Daniel Campbell v. State ( 2015 )


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  •                                                                                           ACCEPTED
    03-14-00695-CR
    6266047
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    7/29/2015 9:24:51 AM
    JEFFREY D. KYLE
    CLERK
    NO. 03-14-00695-CR
    PAUL DANIEL CAMPBELL                     §        IN THE THIRD FILED IN
    3rd COURT OF APPEALS
    AUSTIN, TEXAS
    v.                                       §        DISTRICT 7/29/2015
    COURT9:24:51
    OF AM
    JEFFREY D. KYLE
    THE STATE OF TEXAS                       §        APPEALS OF TEXAS Clerk
    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 33 days to file Appellee’s brief, and
    for good cause would show the following:
    I.
    Appellant was charged by indictment with Intoxication Manslaughter with a
    Vehicle, a second-degree felony. After his conviction by a jury – which also made
    an affirmative finding of a deadly weapon – Appellant was sentenced to 17 years
    of confinement in the Texas Department of Criminal Justice. Appellant’s brief was
    initially due March 19, 2015. After two motions for extension were granted,
    Appellant filed his brief on May 28, 2015. The State’s Brief is currently due on
    July 29, 2015.
    1
    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 work on a response in the instant case, and respectfully
    request an extension of 33 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 33 days, until August 31, 2015, so that an
    2
    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 PAUL DANIEL
    CAMPBELL’s attorney in this matter:
    Amanda Erwin
    amanda@theerwinlawfirm.com
    109 East Hopkins Street, Suite 200
    San Marcos, Texas 78666
    Counsel for Appellant on Appeal
    By electronically sending it to the above-listed email address through
    efile.txcourts.gov, this 29th day of July, 2015.
    /s/ Joshua D. Presley
    Joshua D. Presley
    3
    

Document Info

Docket Number: 03-14-00695-CR

Filed Date: 7/29/2015

Precedential Status: Precedential

Modified Date: 9/30/2016