ACCEPTED
01-15-00220-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/9/2015 11:32:15 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00220-CR, 01-15-00221-CR, 01-lS-00222-CR
GARY JAMES COX, IN THE COURT OF APPEALS
FILED IN
APPELLANT 1st COURT OF APPEALS
HOUSTON, TEXAS
10/9/2015 11:32:15 AM
V. FIRST SUPREME JUDICIAL
CHRISTOPHER A. PRINE
DISTRICT Clerk
THE STATE OF TEXAS,
APPELLEE HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME TO
FII.E 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 ENHANCEIvIENT, SEX OFFENDERS DUTY TO REGISTER
LIFE/ANNUALLY, ATI'EMPT TO COMMIT SEXUAL PERFORMANCE
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 122nd Judicial District
Court of Galveston County, Texas, Cause No. 13-CR-0183, 13-CR-0184, 14-CR-
3651. 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 10/9/2015.
3. This is the State's second motion for extension of time to file its brief.
4. The State requests an extension to file its brief on or before 12/9/2015.
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5. The State requests this extension not for delay but because during the last sixty
days, the undersigned attorney for the State:
• Completed a State's response brief on Writ of Mandamus in III Re
Alltonio Sepeda, 14-15-00288-CV, on 8/13/2015; and State's
proposed Findings of Facts and Conclusions of Law regarding the
same line of cases on 9/22/2015.
• Attended a IDCAA Legislative update on 8/20/2015.
• Completed a State's response brief in Ralph Garcia v. State, 01-14-
00954-CRon 9/11/2015.
• Completed an Ander's Response in Allthof!y Bradford v. State, 14-15-
00201-CR& 14-15-00202-CR, on 9/21/2015.
• Responded to Appellallt/ Deftlldallt's Motioll for the COllrt to Declare
Applicallt is a Victim of Idmtity Theft alld Applicallt Reqllestif'!,
Declaration that Application is a Victim of Idtfltity Theft in Cause No.
MD-322640; No. 14-13-00763-CR Vil/tefit Zahorik v. State in
County Court of Law No. 2, Galveston County; and argued at the
hearing on September 29, 2015.
• Filed answers, responses, agreed orders, and appeared in court for
hearings or docket on approximately 60 expunctions and
nondisclosures, and misidentification expunctions.
• Completed a post-conviction writ answer on a capital life writ, case
numbers: 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 St Allbill); researched
issues for supplement answer; and will file supplemental answer
today.
6. The State must also complete its response brief to Robert Rol/ills v. State, 01-14-
00768-CR, due on October 26, 2015.
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WHEREFORE. PREMISES CONSIDERED, the State respectfully requests
that this Court of Appeals extend the time to file the State's brief until December 9,
2015.
Respectfully submitted,
JACK 0 Y
CruN , ~ISTRICT ATTORNEY
, N COUNTY, TE.."'{AS
JI
INDBLADE
Ascsistam Criminal District Attorney
600 59 th Street, Suite 1001
Galveston County, Texas 77551
Tel.(409)766-2355, fax (409)766-2290
State Bar Number: 24062850
allison.lindblade@co.g.alveston.t:x.us
CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 416 words.
LINDBLADE
Assistant Criminal District Attorney
Galveston County, Texas
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CERTIFICATE OF SERVICE
The undersigned attorney for the State certifies that a copy of the above motion
was emailed/eFiledtoJoeiBennett.AttomeyforAppellant.at
joel@searsandbennett.com on October 9, 2015.
is riminal District Attorney
eston County, Texas
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AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on October 9, 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 therein is true and correct."
'\
,llll.nu:al District Attorney
Galveston County, Texas
SWORN TO AND SUBSCRIBED before me on October 9, 2015.
~G~
NOTARY PUBLIC in and for
the State of Texas
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