PD-0445-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/17/2015 9:55:56 AM
Accepted 9/17/2015 10:20:49 AM
ABEL ACOSTA
IN THE CLERK
COURT OF COURT OF CRIMINAL APPEALS OF TEXAS
______________________________
No. PD-0445-15
_______________________________
September 17, 2015
THE STATE OF TEXAS, Appellant
v.
DAVID FREDERICK CARY, Appellee
__________________________________________________________________
On Appeal from the Court of Appeals, Fifth District of Texas at Dallas
Court of Appeals No. 05-13-01010-CR
__________________________________________________________________
APPELLEE'S UNOPPOSED FIRST MOTION
TO EXTEND TIME TO FILE APPELLEE’S BRIEF
Appellant David Frederick Cary respectfully moves for an extension of time
to file his Appellee’s Brief by until , 2015. In support of this motion, she would
respectfully show as follows:
1. The deadline for filing the Appellant’s Brief is September 17, 2015.
2. Appellant seeks an extension of time of 21 days, until October 15,
2015.
3. An extension is necessary because of appellate counsel’s schedule and
the complexity of the issues. The charges in this case concern alleged bribery of a
candidate for district court judge of Collin County, Texas. The record involves
Unopposed Motion for Extension of Time--Page 1
complicated legal and factual issues implicating, among other things, the interplay
between the Texas bribery statute, election laws, and campaign finance reporting.
The trial lasted two weeks, and the trial exhibits are over 8000 pages.
4. APPELLEE, THE STATE OF TEXAS, DOES NOT OPPOSE
THIS REQUESTED EXTENSION.
4. No previous extension has been sought or granted.
Respectfully submitted,
____/s/ John M. Helms____________
John M. Helms
Texas Bar No. 09401001
BRODEN, MICKELSEN, HELMS &
SNIPES, LLP
2600 State Street
Dallas, Tx 75204
Tel: (469) 951-8496
Fax: (214) 720-9594
john@johnhelmslaw.com
ATTORNEYS FOR APPELLEE,
DAVID FREDERICK CARY
CERTIFICATE OF CONFERENCE
Undersigned counsel has conferred with Joseph Corcoran, counsel for
Appellee, the State of Texas, and the Appellee does not oppose this motion.
____/s/ John M. Helms____________
John M. Helms
Unopposed Motion for Extension of Time--Page 2
CERTIFICATE OF SERVICE
This certifies that a true and correct copy of this instrument has been served
on counsel of record on Sepbember 16, 2015, as follows:
Joseph Corcoran
Assistant Attorney General
P.O. Box 12548
Capitol Station
Austin, TX 78711
* DELIVERED VIA E-MAIL *
____/s/ John M. Helms____________
John M. Helms
Unopposed Motion for Extension of Time--Page 3