William Albert Mower v. State

• Court: Court of Appeals of Texas
• Decided: February 6, 2015
• Docket: 03-14-00094-CR
• Status: Published

Opinion

ACCEPTED 03-14-00094-CR 4054594 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/6/2015 1:28:40 PM JEFFREY D. KYLE CLERK NO. 03-14-00094-CR

WILLIAM ALBERT MOWER § IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS v. § THIRD DISTRICT 2/6/2015 1:28:40 PM § 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, 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 February 6, 2015.

2. The State has requested and this court has granted one previous extension.

3. As detailed in the previous motion for extension, the undersigned Assistant District

Attorney, assumed the duties of the appellate prosecutor for the Williamson County

District Attorney’s Office on November 3, 2014, and thereupon found

approximately sixteen writs of habeas corpus unaddressed and unresolved, as well

as numerous motions and procedural appellate matters that were unresolved.

4. The undersigned is the sole Assistant District Attorney in the Williamson County

District Attorney’s Office assigned to the appellate division, and must, in addition

1 to handling writs and direct appeals, advise the trial prosecutors on motions to

suppress, jury charges, issues that arise during trial, and other legal matters as they

come up during the course of the prosecution of a case.

5. During the time given to prepare the State’s brief in this matter, the undersigned

Assistant District Attorney has filed findings of fact and conclusions of law in Ex

Parte Stephen Farrell Eikelboom, WR-81,534-01, WR-81,534-02, WR-81,534-03,

and Ex Parte Antonio Gonzalez Rodriguez 00-430-K368B, obtained and filed an

affidavit requested by the Court of Criminal Appeals in Ex Parte Cory Dale

Morgan WR-81,867-01, 12-1212-K368A, and filed a State’s Response to

Appellant’s Motion to Dismiss in State vs. Wachtendorf, 03-14-00633-CR.

6. 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 February 6, 2015, to April 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 April 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 February 6, 2015, a copy of the foregoing motion has been sent to Appellant’s attorney of record, Ms. Kristen Jernigan, 207 S. Austin Ave. Georgetown, Texas 78626, by eservice via her email address of record kristen@txcrimapp.com.

/s/ John C. Prezas John C. Prezas