PD-0445-1
COURT OF CRIMINAL APPEAL
FILED IN AUSTIN, TEXA
COURT OF CRIMINALAPPEALS
Transmitted 8/13/2015 11:49:39 Al
August 13, 2015 Accepted 8/13/2015 12:40:46 PI
ABEL ACOST,
ABELACOSTA, CLERK No. PD-0445-15 CLER
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
THE STATE OF TEXAS,
Appellant,
v. \*
DAVID FREDERICK CARY,
K
Appellee.
On Appeal from the Court of Appeals, Fifth District of Texas at Dallas
Court of Appeals No. 05-13-01010-CR
STATE'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME OF
THREE DAYS 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
Unopposed Motion for an Extension of Time of Three Days to File the
State's Brief, and respectfully shows the following:
The State previously made an unopposed request for an extension
of fourteen days to file its opening brief in this appeal, which the Court
granted. Hence, the State's opening brief is presently due to be filed on or
before Friday, August 14, 2015.
II.
The State humbly seeks a three-day extension to file its opening
brief, extending the new deadline to Monday, August 17, 2015. This is
the Staters second, and final extension request. The State will not seek a
further extension of time to Gle its briefif this three (3) day request is
granted.
III.
As justification for this request, the undersigned attorney assures
the Court that he has been diligently working on the State's brief since
August 6, 2015 (including Sunday, August 9), while also continuing to
2
perform as the non-capital appellate supervisor for the Criminal Appeals
Division of the Texas Attorney General. Unfortunately, given both the
complexity of the record, and the importance of this appeal to the State
(i.e., the court of appeals entered a judgment of acquittal on a legal
sufficiency claim), the undersigned has been unable to complete the
State's brief within the present timeframe. Finally, the Assistant
Attorney General who will perform the mandatory internal pre-filing
review of this brief will be unable to do so until the weekend of August 15
and 16, 2015.
IV.
This request is not designed to harass Appellee, nor to
unnecessarily delay these proceedings, but to ensure that the complex
issues in this important appeal are properly addressed. The undersigned
conferred with Appellee's counsel of record on August 13, 2015, who is
unopposed to this motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas
respectfully requests a three (3) day extension of time to file its brief up
to and including Monday, August 17, 2015.
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
CERTIFICATE OF CONFERENCE
i
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
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.
iohn@iohnhelmslaw.com
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General