AP-77,033
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/14/2015 1:47:30 PM
Accepted 10/14/2015 2:52:17 PM
October 14, 2015
CASE NO. AP-77,033 ABEL ACOSTA
CLERK
COURT OF CRIMINAL APPEALS
OF TEXAS
GEORGE THOMAS CURRY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW GEORGE THOMAS CURRY, appellant, by and through his
attorney of record, KURT B. WENTZ, who files this Appellant’s Motion for Extension
of Time to File Appellant’s Brief and in support thereof would show this Court as
follows:
I.
The appellant has been guilty of capital murder and sentenced to death. The
appeal of his case is automatic.
II.
The appellant remains indigent and requires the assistance of appointed counsel.
III.
This Court has extended the time for filing the appellant’s brief on four occasions
and it is now presently due on October 15, 2015.
IV.
The attorney for the appellant will not be able to complete the appellant’s brief by
October 15, 2015.
V.
While counsel has filed a motion to withdraw as the appellant’s attorney of
record, that request was denied.
VI.
While this Court is obviously concerned with the timely filing of the appellant’s
brief counsel has not been able to complete Mr. Curry’s brief for the following reasons:
A. In early August, 2015 counsel fell. The fall resulted in a broken hip that
required hip replacement surgery by Dr. Daniel Le at Houston Methodist
Hospital. The surgery, hospitalization, and convalescence that followed
severely limited counsel’s ability to complete his appellate and trial work.
B. On October 12, 2015 counsel began trial in the death penalty case entitled The
State of Texas v. William Mason in the 228th District Court of Harris County,
Texas. It has been estimated by others that this trial will last until November
20, 2015. The time counsel has had to spend familiarizing himself with the
record in this capital murder retrial and familiarizing himself with Mr.
Mason’s personal history has compromised his ability to complete the
appellant’s brief.
C. Counsel has not neglected his appellate work in spite of the foregoing and has
recently completed and filed a nondeath capital murder brief in Vicente Eddie
Matta with the 14th Court of Appeals on October 14, 2015.
VII.
Because counsel’s other cases have been reset until the end of November and
December it is anticipated that counsel will not be able to complete Mr. Curry’s brief
until January 22, 2016.
VIII.
This motion is not intended for the purposes of delay but only so that justice may
be done.
WHEREFORE, PREMISES CONSIDERED, the appellant prays that the Court
extend the time for filing the appellant's brief to January 22, 2016.
Respectfully submitted,
/s/ KURT B. WENTZ
KURT B. WENTZ
5629 Cypress Creek Parkway,
Suite 115
Houston, Texas 77069
Phone: 281/587-0088
State Bar No. 21179300
e-mail: kbsawentz@yahoo.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I, Kurt B. Wentz, hereby certify that a true and correct paper copy of the
Appellant’s Fourth Motion for Extension of Time to File Appellant’s Brief was served on
the Assistant District Attorney for Harris County, Texas presently handling this Cause on
the 14th day of October, 2015.
/s/ KURT B. WENTZ
KURT B. WENTZ