PD-0445-15
FILED IN
COURT OF CRIMINAL APPEALS
COURT OF CRIMINALAPPEALS AUSTIN, TEXAS
Transmitted 10/27/2015 1:59:16 PM
October 27, 2015 Accepted 10/27/2015 2:21:49 PM
ABEL ACOSTA
No. PD-0445-15 CLERK
ABEL ACOSTA, CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
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
STATE'S UNOPPOSED MOTION FOR LEAVE
TO FILE A REPLY BRIEF
KEN PAXTON JOSEPH P. CORCORAN
Attorney General of Texas Assistant Attorney General
Supervising Attorney
CHARLES E. ROY for Non-Capital Appeals
First Assistant Attorney General Criminal Appeals Division
State Bar No. 00793549
EDWARD L. MARSHALL Joseph.Corcoran@TexasAttorneyGeneral.gov
Chief, Criminal Appeals Division
P. O. Box 12548, Capitol Station
ADRIENNE McFARLAND Austin, Texas 78711
Deputy Attorney General Telephone: (512) 936-1400
for Criminal Justice Facsimile: (512) 936-1280
ATTORNEYS FOR THE STATE
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL
APPEALS:
Pursuant to Rule 70.4 of the Texas Rules of Appellate Procedure,
the State respectfully requests leave to file its State's Reply Brief, which
was previously submitted on October 26, 2015. The State requests such
leave in order to address arguments raised in Appellee's Brief, filed with
the Court on October 5, 2015. The undersigned conferred with Appellee's
counsel of record on October 27, 2015, who is unopposed to this motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas
respectfully requests that the Court grant this, the State's Unopposed
Motion for Leave to File a Reply Brief.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
ADRIENNE McFARLAND
Deputy Attorney General
for Criminal Justice
EDWARD L. MARSHALL
Chief, Criminal Appeals Division
/s/ Joseph P. Corcoran
*Lead Counsel JOSEPH P. CORCORAN*
Assistant Attorney General
Supervising Attorney
for Non-Capital Appeals
Criminal Appeals Division
State Bar No. 00793549
Joseph.Corcoran@TexasAttorneyGeneral.gov
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 936-1400
Facsimile: (512) 936-1280
ATTORNEYS FOR THE STATE
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with Mr. John Helms prior to the
filing of this motion, and he indicated that he did not oppose the
extension.
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General
CERTIFICATE OF SERVICE
Pursuant to Rule 9.5(b)(1) of the Texas Rules of Appellate
Procedure, I do hereby certify that if the email address of attorneys
designated below is on file with the electronic filing manager, a true and
correct copy of the foregoing notice was served electronically by that
electronic filing manager, on the following attorneys via electronic mail:
John Michael Helms Jr.
Attorney for Appellant
Moreover, I do hereby certify that if the email addresses for the
designated attorneys are not on file with the electronic filing manager, a
true and correct copy of the foregoing pleading was served by email,
addressed to:
John Michael Helms Jr.
iohn@iohnhelmslaw.com
/s/ Joseph P. Corcoran
JOSEPH P. CORCORAN
Assistant Attorney General