Mark Gordon McMurphy v. State ( 2015 )

ACCEPTED
03-15-00246-CR
8210065
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/11/2015 5:32:10 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00246-CR
MARK GORDON MCMURPHY § IN THE THIRD FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
v. § DISTRICT 12/11/2015
COURT5:32:10
OF PM
JEFFREY D. KYLE
THE STATE OF TEXAS § APPEALS OF TEXAS Clerk
STATE’S THIRD AND FINAL 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 25 days to file Appellee’s brief, and
for good cause would show the following:
I.
Appellant was indicted for Driving While Intoxicated with Two or More
Previous Convictions for the Same Type of Offense; the third-degree felony was
enhanced to habitual. A jury found him guilty of the offense, and Appellant was
sentenced to 60 years in the Texas Department of Criminal Justice. Appellant’s
brief was initially due on or about June 12th. After Appellant’s motion for
extension was granted, Appellant submitted his brief on August 21, 2015. The
State’s brief is currently due on December 11, 2015.
II.
I will handle the brief for the State in this case. I had to assemble an
objection and response to a motion in another case on November 24th. I filed the
1
State’s brief in 03-14-00712-CR on November 25, 2015. I prepared for and
presented oral argument before the Third Court on December 2nd. I have been
helping another attorney with his brief in 03-15-00087-CR – due on December 14th
– and I will perform a significant amount of work assisting him this weekend. I
have also gathered information on, reviewed and filed answers to expunctions and
nondisclosures, including several petitions in the last month. Because of the
foregoing, I have not yet been able to work on a response in the instant case, and
respectfully request an extension of 25 days to file the State’s brief. This is the
third and final extension sought by Appellee.
III.
WHEREFORE, PREMISES CONSIDERED, the State’s counsel
respectfully prays for an extension of 25 days, until January 5, 2016, 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 State’s Third & Final
Motion to Extend Time to File Brief has been delivered to Appellant MARK
GORDON MCMURPHY’s attorney in this matter:
Gary F. Churak
churaklaw@msn.com
14310 Northbrook Ste. 210
San Antonio, TX 78232
Counsel for Appellant on Appeal
By electronic service to the above-listed email address through efile.txcourts.gov,
this 11th day of December, 2015.
/s/ Joshua D. Presley
Joshua D. Presley
3