Jerryl Robinson v. State

Opinion

ACCEPTED

03-14-00407-CR

5574969

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/8/2015 8:07:49 AM

JEFFREY D. KYLE

CLERK

NO. 03-14-00407-CR

JERRYL ROBINSON § IN THE THIRD FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

V. § DISTRICT 6/8/2015 COURT OF AM

8:07:49

JEFFREY D. KYLE

THE STATE OF TEXAS § APPEALS OF TEXAS Clerk

STATE’S FOURTH 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 10 days to file Appellee’s brief, and for good cause would show the following:

I.

Appellant was convicted by a jury of the offense of Theft > $1,500 < $20,000. The offense was enhanced from a state jail felony to a second-degree felony, and Appellant was sentenced to 15 years confinement on June 11, 2014. Appellant’s brief was originally due November 3, 2014. After two motions for extension were granted by the Court, Appellant filed his brief on February 9, 2015.

II.

I am handling the appeal for the State in this case.

Since filing the last 16-day motion for extension, I had a contested expunction hearing on the 21st. 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

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on June 3, 2015. I also helped review and file another attorney’s brief in 03-14- 00192-CR. Last week I had an unexpected acquittal expunction brought to my attention on Wednesday with a hearing scheduled the following morning; although the contested hearing was reset for this Thursday, I had to prepare and file an answer. I have also had several other expunctions and nondisclosures to review. Although I have performed some additional work on the brief in the instant cause over the weekend, I have not yet been able to complete it. I will work through the coming weekend if necessary to complete the brief by Monday the 15 th. In light of the foregoing, I respectfully request an extension of 10 days to file the State’s brief. This is the fourth extension sought by Appellee.

III.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel respectfully prays for an extension of 10 days, until June 15, 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

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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 Fourth Motion to Extend Time to File Brief has been delivered to Appellant JERRYL ROBINSON’s attorney in this matter:

Marilee H. Brown Marilee@hazelbrownlaw.com Hazel Brown Wright Reneau, PLLC 391 Landa Street New Braunfels, TX 78130 Counsel for Appellant on Appeal

By electronically sending it to the above-listed email address through efile.txcourts.gov, this 8th day of June, 2015.

/s/ Joshua D. Presley

Joshua D. Presley