Kelly Kita Sheffield v. State ( 2015 )

ACCEPTED
03-14-00353-CR
6264890
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/29/2015 8:32:20 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00353-CR
KELLY RITA SHEFFIELD § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
v. § DISTRICT 7/29/2015
COURT8:32:20
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 30 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was charged by indictment with Evading Arrest with a Vehicle
and Endangering a Child, both state jail felonies. She was found guilty by a jury
and sentenced to two years confinement in state jail, suspended for five years for
Evading, and two years confinement in state jail, suspended for five years for the
Endangering offense.1 She was also ordered to pay a $1,000 fine on each count,
along with court costs. Appellant’s brief was originally due on October 10, 2014.
After multiple extensions and hearings, Appellant’s brief was filed on May 28,
2015. The State’s brief is currently due on July 29, 2015.
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Appellant was acquitted of a third charge, Tampering with Physical Evidence.
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II.
Although I originally anticipated that I would handle the brief for the State
in the instant cause, an increase in the volume of appellate, expunction and other
work has led to the office specially assigning this brief to Ms. Laura Burton Bates
(email: lkbtexas@gmail.com, SBN: 24035014). The Appellant’s brief and the
clerk’s and reporter’s records were forwarded to her yesterday. She has not yet had
time to complete a significant amount of work on a response, and the State
respectfully requests an extension of 30 days to file the State’s brief in the instant
cause. This is the second extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until August 28, 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 Second Motion
to Extend Time to File Brief has been delivered to Appellant KELLY RITA
SHEFFIELD’s attorney in this matter:
Joseph E. Garcia III
joeg3@sbcglobal.net
200 N. Seguin Avenue
New Braunfels, TX 78130
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
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