text:                                                                                              ACCEPTED
                                                                                           03-14-00270-CV
                                                                                                   6855539
                                                                                THIRD COURT OF APPEALS
                                                                                           AUSTIN, TEXAS
                                                                                       9/9/2015 5:08:33 PM
                                                                                         JEFFREY D. KYLE
                                                                                                    CLERK
                                 NO. 03-14-00270-CV
  
  IN RE                                     §         IN THE THIRD FILED IN
                                                               3rd COURT OF APPEALS
                                                                   AUSTIN, TEXAS
                                            §         DISTRICT 9/9/2015
                                                                COURT      OF PM
                                                                        5:08:33
                                                                 JEFFREY D. KYLE
  CHRISTOPHER L. GRAHAM                     §         APPEALS OF TEXAS Clerk
  
  
  
  
   STATE’S UNOPPOSED THIRD & 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 1 day to file Appellee’s brief –
  
  submitted together with the instant motion – and for good cause would show the
  
  following:
  
                                           I.
  
        Appellant was ordered to show cause after failing to arrive on time to the
  
  February 25, 2014 docket and for failing to return to court at 1:15 p.m. that same
  
  day, as instructed by the trial court. Appellant further failed to appear in court on
  
  March 13, 2014 in relation to his representation in Cause Number CR2013-366,
  
  and his own show cause hearing on that same date without a granted continuance
  
  or leave from the court. After the trial court found Appellant in contempt of court,
  
  it ordered punishment of 15 days in Comal County jail and a $300 fine.
  
  
  
  
                                           1
        Appellant’s brief was originally due with the Court on or about February 25,
  
  2015. After this Court granted at least two of Appellant’s motions for extensions of
  
  time to file his brief, Appellant’s brief was filed on June 8, 2015. The State’s brief
  
  is currently due on September 8, 2015.
  
                                           II.
  
        Daniel Palmitier – the attorney for the State at trial – is handling this case on
  
  appeal. Last week Mr. Palmitier had trial in CR2013-377. Mr. Palmitier also had to
  
  handle his regular duties, including docket calls and grand jury indictments. Mr.
  
  Palmitier wanted to have another person in the office review his brief to check for
  
  typographical mistakes before submitting the State’s brief to the Court.
  
  Accordingly, the State respectfully requests an extension of 1 day to file its brief,
  
  submitted alongside the instant motion. This is the third and final extension sought
  
  by Appellee.
  
                                           III.
  
        WHEREFORE, PREMISES CONSIDERED, the State’s counsel
  
  respectfully prays for an extension of 1 day, until September 9, 2015, so that the
  
  accompanying brief may be filed with the Court. This extension is not requested
  
  for purposes of delay but so that justice may be done.
  
  
  
  
                                            2
                                        Respectfully submitted,
  
                                        /s/ Joshua D. Presley
                                        Joshua D. Presley
                                        Assistant District Attorney
                                        SBN: 24088254
                                        preslj@co.comal.tx.us
                                        150 N. Seguin Avenue, Suite 307
                                        New Braunfels, Texas 78130
                                        Phone: (830) 221-1300 / Fx: (830) 608-2008
  
  
                       CERTIFICATE OF CONFERENCE
  
        As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
  have conferred or made reasonable attempts to confer with all other parties about
  the merits of this motion and whether the parties oppose the motion. Mr. Graham
  does not oppose the instant motion.
  
                                                           /s/ Joshua D. Presley
                                                            Joshua D. Presley
  
  
                           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 Unopposed
  Third & Final Motion to Extend Time to File Brief has been delivered to Appellant
  Christopher Graham’s attorney in this matter:
  
        Christopher Graham
        clgraham@lgi-law.com
        P.O. Box 226265
        Dallas, TX 75222
        Attorney for Appellant on Appeal
  
  By electronically sending it to the above-listed email address through
  efile.txcourts.gov, this 9th day of September, 2015.
                                                       /s/ Joshua D. Presley
                                                       Joshua D. Presley
  
                                           3
  