Adam Miguel Castaneda v. State ( 2015 )

ACCEPTED
07-15-00151-CR
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
8/14/2015 4:48:41 PM
Vivian Long, Clerk
NO. 07-15-00151-CR
ADAM MIGUEL CASTANEDA § IN THE SEVENTH
FILED IN
7th COURT OF APPEALS
AMARILLO, TEXAS
v. § DISTRICT 8/14/2015
COURT4:48:41
OF PM
VIVIAN LONG
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 45 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was charged by indictment with two counts of Attempted Murder,
two counts of Aggravated Assault with a Deadly Weapon, and a single count of
three other offenses - Deadly Conduct, Tampering with Physical Evidence, and
Criminal Mischief. The Court found Appellant Not Guilty by Reason of Insanity
on Counts III – Aggravated Assault with a Deadly Weapon, V – Deadly Conduct
Discharge of Firearms and VII – Criminal Mischief >= $1,500 < $20,000.
Appellant’s brief was originally due on or about May 28, 2015. After a notice of
late brief and an extension, Appellant’s brief was filed on July 15, 2015. The
State’s brief is currently due on August 14, 2015.
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II.
I anticipate that I will handle the brief for the State in this case. I filed the
State’s brief in 03-14-00639-CR on July 13, 2015; immediately after finishing that
brief, I worked on the State’s brief in 03-14-00818-CR, which I filed on August 6,
2015. I have begun working on the State’s brief in 03-15-00079-CR, which I hope
to complete by the current deadline on August 26, 2015. After that, I currently
have four other briefs I am scheduled to write before the instant brief. Additionally,
I have reviewed – and, when required, filed an answer to – expunctions and
nondisclosures, including seven petitions in the last week. Within the past few
weeks, I have also prepared an expunction petition and order and performed other
research related to expunctions. I have recently assisted other attorneys in the
office with issues in their appeals, including proceedings related to a dispute of a
reporter’s record in 03-14-00570-CR. Finally, I am scheduled to attend a legal
conference out of town from September 23-25, 2015. I have not yet been able to
work on a response in the instant case, and respectfully request an extension of 45
days to file the State’s brief. This is the first extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 45 days, until September 28, 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
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 ADAM MIGUEL
CASTANEDA’s attorney of record in this matter:
Keith S. Hampton
hamplaw@swbell.net
1103 Nueces Street
Austin, TX 78701
Counsel for Appellant on Appeal
By electronically sending it to the above-listed email address through
efile.txcourts.gov, this 14th day of August, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
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