David Kent Thacker, Jr. v. State ( 2015 )

ACCEPTED
03-15-00079-CR
5330245
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/18/2015 5:02:21 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00079-CR
DAVID KENT THACKER, JR. § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. § DISTRICT 5/18/2015
COURT5:02:21
OF PM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
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 30 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted by a jury of the offense of Driving While
Intoxicated with Two or More Previous Convictions for the Same Type of Offense.
The offense was thereby enhanced from a third-degree felony to habitual, and
Appellant received a life sentence on January 28, 2015. Appellant’s brief was filed
on April 17, 2015. The State’s brief is currently due on May 18, 2015.
II.
I am handling the appeal for the State in this case. I prepared findings of fact
and conclusions of law for the District Court related to trial cause number CR2012-
263, which I submitted on April 17th. I subsequently worked on and submitted
findings related to writ number WR-81,373-02. I have assisted on other research
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and appellate issues in the office, including issues related to a pending motion to
abate and remand in 03-15-00153-CR and a petition for writ of mandamus in 03-
15-00223-CV. I am currently trying to finish work on an appeal in 03-14-00639-
CR, and I have had several recent expunctions which required research and court
appearances (including a contested expunction on May 11, 2015). I will also attend
an appellate law conference in Austin at the end of the month, and I will likely sit
second chair for oral argument in 03-14-00669-CR on June 3, 2015. Because of the
foregoing, I have not yet been able to work on a response, and respectfully request
an extension of 30 days to file the State’s brief in the instant cause. This is the first
extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 30 days, until June 17, 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 First Motion to
Extend Time to File Brief has been delivered to Appellant DAVID KENT
THACKER, JR.’s attorney in this matter:
Gerald C. Moton
11765 West Avenue, PMB 248
Austin, TX 78216
motongerald32@gmail.com
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 18th day of May, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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