Jacob Sanchez v. State ( 2015 )

ACCEPTED
03-14-00421-CR
5418261
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/26/2015 2:32:25 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00421-CR
JACOB SANCHEZ § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
V. § DISTRICT 5/26/2015
COURT2:32:25
OF PM
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 indicted by a grand jury on May 8, 2013 for one count of
Aggravated Sexual Assault of a Child. Appellant was subsequently found guilty of
that offense and sentenced to a term of thirty-five years in the Texas Department of
Criminal Justice. That sentence was imposed in open court on June 6, 2014.
Appellant’s brief was originally due with the Court on November 6, 2014.
After this Court had abated the instant appeal and remanded this case back to the
trial court, and after granting at least two of Appellant’s motions for extension time
to file his brief, Appellant’s brief was filed on February 24, 2015. The State’s brief
is currently due on May 26, 2015.
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II.
Sammy McCrary, the attorney for the State at trial, is handling this case on
appeal. Mr. McCrary is the Chief Felony Prosecutor for Comal County, and has
been busy covering his regular dockets, representing the State on contested
motions, assisting other attorneys in the office with issues that arise during their
trials, and reviewing their briefs on appeal. Additionally, The office closed on May
8th so everyone could attend the out-of-town funeral of an office member’s son.
Last week Mr. McCrary went to trial in CR2014-531, a sex-offender registration
case in which the State obtained a 40-year sentence. Finally, Mr. McCrary has also
been writing the appeal in the case of Lawrence v. State, Case No. 03-13-00192-
CR. He came into the office this past Memorial Day weekend to work on the
State’s Lawrence brief, hoping to finish it as soon as possible. As a result, he has
not yet been able to finish the State’s brief in the instant case, and respectfully
requests an extension of 30 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 30 days, until June 25, 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
Assistant District Attorney
SBN: 24088254
preslj@co.comal.tx.us
150 N. Seguin Avenue, Suite 307
New Braunfels, Texas 78130
Phone: (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 Jacob Sanchez’s
attorney in this matter:
David K. Sergi
david@sergilaw.com
David K. Sergi & Associates, P.C.
P.O. Box 887
San Marcos, TX 78666
Attorney for Appellant on Appeal
By electronically sending it to his above-listed email address through
efile.txcourts.gov, this 26th day of May 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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