Gary James Cox v. State

ACCEPTED 01-15-00220-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 10:00:36 AM CHRISTOPHER PRINE CLERK NO.Ol-15-00220-CR GARY JAMES COX, IN THE COURT OF APPEALS FILED IN APPELLANT 1st COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 10:00:36 AM v. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE DISTRICT Clerk THE STATE OF TEXAS, APPELLEE HOUSTON, TEXAS MOTION FOR EXTENSION OF TIME TO FILE STATE'S RESPONSE BRIEF TO THE HONORABLE COURT OF APPEALS: Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas, pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an extension of time in which to file the State's Brief and would respectfully show the Court of Appeals as follows: 1. The appellant was convicted of AGGRAVATED SEXUAL ASSAULT OF A CHILD WITH ENHANCEMENT, and was sentenced on 2/4/2015. The trial case was styled as State of Texas v. Gary James Cox, in the 12200 Judicial District Court of Galveston County, Texas, Cause No. 13-CR-0183. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 8/7 /2015. 2. The present due date for filing the State's brief is 9/8/2015. 3. This is the State's first motion for extension of time to file its brief. 4. The State requests an extension to file its brief on or before 11/8/2015. 5. The State requests this extension not for delay but because during the last seventy- five days, the undersigned attorney for the State: 1 • Completed a State's response brief in lJunar Hunter v. State, 01-14- 00895-CR, on 7/7/2015. • Completed a State's response brief on Writ of Mandamus in In Re Antonio Sepeda, 14-15-00288-CV, on 8/13/2015. • Attended a CLE on 7/9/2015. • Attended a TDCAA Legislative update on 8/20/2015. • Handled 72 expunctions and nondisclosures, and misidentification expunctions. • Completed 2 post-conviction writ answers on case numbers: 11- CR-0345-83-1 (Mario Meza); 98-CR-0358-83-3, 98-CR-0359-83-3, 98-CR-0360-83-3, 98-CR-0361-83-3, 98-CR-0362-83-3 (Keith Sf. Aubin). 6. The State will also file its motion for rehearing and motion for reconsideration en banc in Villcmt Zahorik v. State, 14-13-00763-CR, due on September 9, 2015. 7. The State must also complete its response brief to AllthOl!} Brac!ford v. State, 14- 15-00201-CR & 14-15-00202-CR, due on September 21, 2015. 8. The State must also complete its response brief in Ralph Garcia v. State, 01-14- 00954-CR due on September 24, 2015. 9. The State must also complete its response brief to Robert Rollins v. State, 01-14- 00768-CR, due on October 26,2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until November 8, 2015. Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATTORNEY 2 . STON COUNTY, TEXAS As . t Criminal District Attorney o59 Street, Suite 1001 th Galveston County, Texas 77551 TeL(409)766-2355, fax (409)766-2290 State Bar Number: 24062850 allison.lindblade@co.gaIveston.rx.us CERTIFICATE OF COMPLIANCE The undersigned Attorney for the Stat certifies this brief is computer generated, and consists of 352 words. INDBLADE Assi t Criminal District Attorney Galveston County, Texas CERTIFICATE OF SERVICE The undersigned attorney for the State certifies that a copy of the above motion was faxed/ emailed/ eFiled / or mailed to Joel B ett, Attorney for Appellant, at joel@searsandbennetr.com or 1100 Nasa Park ·re 302, Houston, TX 77058, on September 8, 2015. ssistant Criminal District Attorney Galveston County, Texas 3 AFFIDAVIT THE STATE OF TEXAS COUNTY OF GALVESTON Before me, the undersigned authority, on September 8, 2015, appeared Allison Lindblade, who by me duly sworn did depose and state on oath the following: "I, Allison Lindblade, Attorney for the State of Texas, have read the Motion for Extension of Time to File the State's Brief, and swear that the information contained ther' is true and correct." '''' •. " . JE ~~~riminal District Attorney on County, Texas SWORN TO AND SUBSCRIBED before me on September 8, 2015. ","111",~ HEAl HER GRUBEN !~!~\ NolOIV PubliC. State of Texas ~:~.~).J My commission Eltpires ~ 6VVL\?tA-- NOTARY PUBLIC in and for \ ..;;......;;..~ May 06, 2019 ~"·:"W...·,·· the State of Texas 4