PD-1341-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/11/2015 11:26:07 AM
June 15, 2015 Accepted 6/15/2015 7:49:03 AM
No. PD-1341-14
ABEL ACOSTA
CLERK
______________________________
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
______________________________
STACY STINE CARY,
Appellant,
v.
THE STATE OF TEXAS,
Appellee.
______________________________
On Appeal from the Court of Appeals, Fifth District of Texas at Dallas
Court of Appeals No. 05-12-01421-CR
______________________________
STATE’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME
TO FILE THE STATE’S BRIEF
______________________________
KEN PAXTON *JOSEPH P. CORCORAN
Attorney General of Texas Assistant Attorney General
Supervising Attorney
CHARLES E. ROY for Non-Capital Appeals
First Assistant Attorney General Criminal Appeals Division
State Bar No. 00793549
EDWARD L. MARSHALL Joseph.Corcoran@TexasAttorneyGeneral.gov
Chief, Criminal Appeals Division
P. O. Box 12548, Capitol Station
ADRIENNE McFARLAND Austin, Texas 78711
Deputy Attorney General Telephone: (512) 936-1400
for Criminal Justice Facsimile: (512) 936-1280
*Lead Appellate Counsel
_____________________________
ATTORNEYS FOR THE STATE
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS:
COMES NOW, the State of Texas and files this, the State’s Motion
for an Extension of Time to File the State’s Brief, and respectfully shows
the following:
I.
Appellant, Stacy Stine Cary, filed her opening brief in this appeal
on May 19, 2015, and the State’s brief in response is presently due
Thursday, June 18, 2015.
II.
The State hereby requests an extension of twenty-nine days to file
its brief, extending the new deadline to Friday, July 17, 2015. This is
the State’s first extension request.
III.
As justification for this request, the undersigned attorney was
out-of-the-country on a pre-paid vacation from May 20, until May 30,
2015. Moreover, and as additional justification, in the last two weeks the
undersigned (as the non-capital appellate supervisor for the Criminal
Appeals Division of the Texas Attorney General), was required to review
several non-extendible pleadings, due to be filed in both the United
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States Court of Appeals for the Fifth Circuit, and the federal district
courts of Texas. This request is not designed to harass Appellant, nor to
unnecessarily delay these proceedings, but to ensure that Appellant’s
legal arguments are properly addressed.
The undersigned conferred with Appellant’s counsel of record on
June 10, 2015, who is unopposed to this motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas
respectfully requests an extension of time to file its brief up to and
including Friday, July 17, 2015.
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Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
ADRIENNE McFARLAND
Deputy Attorney General
for Criminal Justice
EDWARD L. MARSHALL
Chief, Criminal Appeals Division
/s/ Joseph P. Corcoran
*Lead Counsel JOSEPH P. CORCORAN*
Assistant Attorney General
Supervising Attorney
for Non-Capital Appeals
Criminal Appeals Division
State Bar No. 00793549
Joseph.Corcoran@TexasAttorneyGeneral.gov
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 936-1400
Facsimile: (512) 936-1280
ATTORNEYS FOR THE STATE
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CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with Mr. John Helms prior to the
filing of this motion, and he indicated that he did not oppose the
extension.
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General
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CERTIFICATE OF SERVICE
Pursuant to Rule 9.5(b)(1) of the Texas Rules of Appellate
Procedure, I do hereby certify that if the email address of attorneys
designated below is on file with the electronic filing manager, a true and
correct copy of the foregoing notice was served electronically by that
electronic filing manager, on the following attorneys via electronic mail:
John Michael Helms Jr.
Attorney for Appellant
Moreover, I do hereby certify that if the email addresses for the
designated attorneys are not on file with the electronic filing manager, a
true and correct copy of the foregoing pleading was served by email,
addressed to:
John Michael Helms Jr.
john@johnhelmslaw.com
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General
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