Kelly Kita Sheffield v. State ( 2015 )

ACCEPTED
03-14-00353-CR
5869622
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/29/2015 4:43:39 PM
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 6/29/2015
COURT4:43:39
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 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 June 29, 2015.
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Appellant was acquitted of a third charge, Tampering with Physical Evidence.
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II.
I anticipate that I will handle the brief for the State in this case. I attended an
appellate law conference in Austin over three days at the end May, and I sat second
chair for oral argument in 03-14-00669-CR on June 3, 2015. I also helped review
and file another attorney’s brief in 03-14-00192-CR. I worked through the
weekend of the 13th to file the State’s brief before midnight on June 15th in cause
number 03-14-00407-CR. I have had several expunctions and nondisclosures to
review, some of which required me to draft and file answers. I have also performed
research related to issues that came up for other attorneys in the office. I have
begun working on the State’s response in 03-14-00639-CR, which I hope to
complete on or shortly after the current deadline of July 2nd, though I have had
several other issues arise in recent days that have required my attention. After
filing that brief, I will need to complete the State’s brief in 03-14-00818-CR.
Because of the foregoing, I have not yet been able to complete a significant amount
of 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 July 29, 2015, so that an
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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 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 June, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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