Ex Parte Clinton David Beck ( 2015 )


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  •                                                                                             ACCEPTED
    03-14-00818-CR
    5777188
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    6/22/2015 6:17:51 PM
    JEFFREY D. KYLE
    CLERK
    NO. 03-14-00818-CR
    CLINTON DAVID BECK                        §        IN THE THIRD FILED IN
    3rd COURT OF APPEALS
    AUSTIN, TEXAS
    v.                                        §        DISTRICT 6/22/2015
    COURT6:17:51
    OF PM
    JEFFREY D. KYLE
    THE STATE OF TEXAS                        §        APPEALS OF TEXAS Clerk
    STATE’S THIRD 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 35 days to file Appellee’s brief, and
    for good cause would show the following:
    I.
    Appellant was charged by indictment with Improper Relationship Between
    Educator and Student and Online Solicitation of a Minor on April 13, 2011 in the
    207th Judicial District Court of Comal County. After pleading guilty to Count II,
    Improper Relationship Between Educator and Student, the trial court sentenced
    Appellant to ten years confinement and suspended the sentence for a period of ten
    years. Appellant was also required to forfeit his teaching license and not apply for
    any future teaching license in the United States. On September 4, 2014, Appellant
    filed an Application for Writ of Habeas Corpus under article 11.072 of the Texas
    Code of Criminal Procedure. After the trial court denied the Application, Appellant
    1
    appealed. Appellant’s brief was submitted on March 20, 2015. Appellee’s brief is
    currently due on June 22, 2015.
    II.
    I am handling the appeal for the State in this case. 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 on June 3, 2015. I also helped review and file
    another attorney’s brief in 03-14-00192-CR. I worked through the weekend of the
    13th to file the State’s brief before midnight on June 15th in cause number 03-14-
    00407-CR. I have had several expunctions and nondisclosures to review, some of
    which required me to draft and file answers. I have also performed research related
    to issues that came up for other attorneys in the office. Finally, I have begun
    working on the State’s response in 03-14-00639-CR, which I hope to complete on
    or shortly after the current deadline of July 2nd; I will work on the State’s brief in
    the instant cause immediately after completing the work on 03-14-00639-CR.
    Because of the foregoing, I have not yet been able to complete a significant
    amount of work on a response, and respectfully request an extension of 35 days to
    file the State’s brief in the instant cause. This is the third extension sought by
    Appellee.
    2
    III.
    WHEREFORE, PREMISES CONSIDERED, the State’s counsel
    respectfully prays for an extension of 33 days, until July 27, 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
    3
    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 Third Motion to
    Extend Time to File Brief has been delivered to Appellant CLINTON DAVID
    BECK’s attorney in this matter:
    Terri R. Zimmermann
    Terri.Zimmermann@ZLZSlaw.com
    770 South Post Oak Lane, Suite 620
    Houston, TX 77056
    Counsel for Appellant on Appeal
    By electronically sending it to the above-listed email address, this 22nd day of June,
    2015.
    /s/ Joshua D. Presley
    Joshua D. Presley
    4
    

Document Info

Docket Number: 03-14-00818-CR

Filed Date: 6/22/2015

Precedential Status: Precedential

Modified Date: 9/30/2016