Charles G. Villarreal v. State ( 2014 )

ACCEPTED
03-14-00095-CR
3609820
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/30/2014 8:35:33 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00095-CR
CHARLES VILLAREAL § IN THE THIRD
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
VS. § DISTRICT COURT
12/30/2014 8:35:33 OF
AM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OFClerkTEXAS
FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE JUDGES 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 60 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was convicted of aggravated sexual assault of a child on January
15, 2014. Appellant’s brief was originally due on June 16, 2014; after filing five
motions for extension, Appellant filed his brief with the Court on December 3,
2014. The State’s brief is currently due on January 2, 2015.
II.
Assistant District Attorney Chari Kelly is handling this appeal for the State.
On December 2, 2014, Ms. Kelly’s mother was admitted to an Intensive Care Unit
(ICU) in Round Rock, Texas. Ms. Kelly’s mother remained in the ICU until her
passing on December 7, 2014. Ms. Kelly did not return to the office until
December 15, 2014 and made court appearance on other cases from December 15-
1
18, 2014. She will be out of state for the burial of her mother from January 1-4,
2015. Additionally, Ms. Kelly will be preparing for an oral argument before the
Thirteenth Court of Appeals on January 6, 2015 in cause number 13-13-00416-CR,
and three separate Attempted Capital Murder trials on January 12-16th, January
20-27th, and February 2-6, 2015. Given Ms. Kelly’s unexpected family
circumstances, she has not had the opportunity to research the issues raised in the
Appellant’s brief and needs additional time to prepare an adequate response to
Appellant’s brief. This is the first extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully requests an extension of 60 days, until March 3, 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
2
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 First Motion to Extend
Time to File Appellee’s Brief has been delivered to Appellant CHARLES
VILLAREAL’s attorney of record in this matter:
Atanacio Campos
atanacio@aol.com
P.O. Box 310859
New Braunfels, TX 78131
Tel: (830) 620-1515
Fax: (830) 620-5334
By electronically sending it through ProDoc e-filing this 30th day of December,
2014.
/s/ Joshua D. Presley
Joshua D. Presley
3