ACCEPTED
01-15-00303-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/1/2015 10:33:29 AM
CHRISTOPHER PRINE
CLERK
NO.Ol-1S-00303-CR
GARY LAVERN WYMORE AKA FILED IN
IN THE COURT OF APPEALS
1st COURT OF APPEALS
CALVIN JOE MCCOLLOM, HOUSTON, TEXAS
APPELLANT 10/1/2015 10:33:29 AM
FIRST SUPREME
CHRISTOPHER A. PRINE
JUDICIAL
Clerk
v. DISTRICT
THE STATE OF TEXAS, HOUSTON, TEXAS
APPELLEE
MOTION FOR EXTENSION OF TIME TO
FI!.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.s(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 DRIVING WHILE INTOXICATED 3'd OR
MORE, and was sentenced on February 26, 2015. The trial case was styled as State
of Texas II. Gary Lallem Wymore AKA Calvin Joe McCollom, in the 40s,h Judicial
District Court of Galveston County, Texas, Cause No. 14-CR-1334. Appellant
filed timely Notice of Appeal. The Appellant's brief was filed with this Court on
9/1/2015.
2. The present due date for filing the State's brief is 10/1/2015.
3. The State has attempted to get a copy of the Reporter's Record from the District
Clerk's Office, but it is not available.
4. This is the State's first motion for extension of time to file its brief.
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5. The State requests an extension to file its brief on or before 12/1/2015.
6. The State requests this extension not for delay but because during the last thirty
days, the undersigned attorney for the State:
• Completed a reply brief on a lengthy trial in Hmry Tobar v. State, 14-15-
00011-CR& 14-15-00012-CRon 9/29/2015.
• Is solely responsible for all Post-Conviction Writs of Habeas Corpus for
Galveston County and completed 4 post-conviction writ answers on case
numbers: ll-CR-1752-83-2 (Sheroll Ternl!]; 91-CR-0155-83-7 (Thomas W~'le
Floreflce); 14-CR-1504-83-1 (Cecil Gme Walke!); 12-CR-2766-83-1 (Wilford
Petersofl).
7. The State must also complete its response brief to Jose Pablo Lopez v. State, 01-15-
00055-CR, due on 11/2/2015.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this
Court of Appeals extend the time to file the State's brief until December 1,2015.
Respectfully submitted,
JACK ROADY
CRIMINAL DISTRICT ATTORNEY
GALVESTON COUNTY, TEXAS
lsI Rebecca Kiaml
REBECCA KLAREN
Assistant Criminal District Attorney
600 59'" Street, Suite 1001
Galveston County, Texas 77551
TeI.(409)766-2355, fax (409)766-2290
State Bar Number: 24046225
rcbccca.khrcn@co.glllvcston.a.us
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CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 294 words.
lsI &becca KJamr
REBECCA KLAREN
Assistant 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 Joseph Kyle Verret, Attorney for Appellant,
at kyle@vcrrctlaw.com, on October 1, 2015.
Is I Rebecca Klarell
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
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AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on October 1, 2015, appeared Rebecca
Klaren, who by me duly sworn did depose and state on oath the following:
"I, Rebecca Klaren, 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."
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
SWORN TO AND SUBSCRIBED before me on October 1, 2015.
...-:."~.... HEATHER GRUBEN
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j~;\ Notorv PubliC. Slate 01 19K05 NOTARY PUBLIC in and for
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