Rex Allen Nisbett v. State

Opinion

ACCEPTED 03-14-00402-CR 5578386 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/8/2015 10:39:58 AM JEFFREY D. KYLE CLERK NO. 03-14-00402-CR

REX ALLEN NISBETT § IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS v. § THIRD DISTRICT 6/8/2015 10:39:58 AM § JEFFREY D. KYLE Clerk STATE OF TEXAS § AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE BRIEF

NOW COMES THE STATE OF TEXAS, Appellee, by and through her

Assistant District Attorney, John C. Prezas, and moves the Court, pursuant to Texas

Rule of Appellate Procedure 38.6(d), to extend the deadline for filing the State’s brief.

In support of its motion, the State would show the Court the following:

1. The State’s Brief in this case is due on June 8, 2015.

2. No previous extensions of time have been requested by the State or granted by this Court.

3. Appellant’s brief was filed in this Court on May 8, 2015.

4. Mr. Prezas filed a State’s brief in 03-13-00794-CR, State v. Yazdi, on April 21,

2015. Mr. Prezas recently filed the State’s proposed findings of fact and

conclusions of law on May 21, 2015, in Ex Parte Rolando Bacon Lopez, 10-1053-

K368A, a habeas corpus proceeding. Mr. Prezas has also recently filed proposed

findings of fact and conclusions of law in the following other habeas corpus

proceedings: Ex Parte Robert Jesse Padilla, 06-937-K368A; Ex Parte Robert Jesse

1 Padilla, 06-921-K368A; Ex Parte Daniel Robert Lock, 94-085-K277A; Ex Parte

Daniel Robert Lock 97-780-K277A

5. Mr. Prezas filed a State’s brief on or before May 21, 2015, in response to the Court

of Criminal Appeals granting the State’s petition for discretionary review in John

Alan Wachtendorf, PD-0280-15. Mr. Prezas submitted a State’s Motion to Dismiss

in State vs. Gregory Michael Klapesky 03-15-00244-CR on June 5, 2015.

6. Currently, Mr. Prezas is evaluating a request for DNA testing under Chapter 64 in

03-1063-K277 State vs. Gregory Michael Klapesky and is working towards the July

1, 2015, due date for the State’s brief in State vs. James Alan Weatherford 03-14-

00527-CR.

7. For the foregoing reasons, The State respectfully requests that the deadline for

filing its brief in the above stated cause be extended for an additional sixty (60)

days from the current due date of June 8, 2015, to August 7, 2015.

2 WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully

requests that this Court grant its motion for an extension of time and extend the State’s

deadline to file its brief to August 7, 2015.

Respectfully submitted,

Jana Duty District Attorney Williamson County, Texas

/s/ John C. Prezas John C. Prezas Assistant District Attorney State Bar Number 24041722 405 Martin Luther King #1 Georgetown, Texas 78626 (512) 943-1248 (512) 943-1255 (fax) jprezas@wilco.org

Certificate of Service

This is to certify that on June 8, 2015, a copy of the foregoing motion has been sent to Appellant’s attorney of record, Kristen, 207 S. Austin Ave., Georgetown, TX 78626, by eservice at Kristen@txcrimapp.com.

/s/ John C. Prezas John C. Prezas