Cary, David Frederick

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