Charles G. Villarreal v. State

• Court: Court of Appeals of Texas
• Decided: December 30, 2014
• Docket: 03-14-00095-CR
• Status: Published

Opinion

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