FILED IN COURT OF CRIMINALAPPEALS June 19,2015 ABELACOSTA, CLERK KENNETH THOMAS VS. THE STATE OF TEXAS NO. AP-77,047 AP-77,047 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/19/2015 3:09:37 PM Accepted 6/19/2015 3:15:08 PM ABEL ACOSTA CLERK IN THE COURT OF CRIMINALAPPEALS OF TEXAS MOTION FOR INCREASE IN OF WORD COUNT/ LEAVE TO FILE BRIEF WITH ADDITIONAL WORDS OVER 37,500 TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Appellantinthe above-styled and numbered cause, and, 

### pursuantto Rule 38.6 and Rule 10.5(b)Texas Rules ofAppellate Procedure, submits this Motion requesting thatthe Appellant be granted leave to filethis death penaltybriefinthe above-styled and numbered causewith an additional 1,901 words over the 37,500 limit, and in support of same would show the Court the following:
(a) 

### Trial Court Designation: 194TM Judicial District Court Cause Number: F86-85539-M (b) Offense: Capital Murder Punishment: Death (c) Facts relied upon to support extension ofword count: Appellant's counsel requests 1,901 words inadditionto the 37,500word 

### count to complete this death penalty appellate brief. This case involved two 

### jury trials, one on competencyand oneon punishment, both ofwhich involved complex issues. There were 36 issues alone on the voir dire process ofthiscase, some ofwhich involved the case ofU.S. Supreme Court Hall v. Florida 

### S.Ct. (2014) which was handed down by the Supreme Court ofthe United States concerning intellectual disability as applied in death penalty
cases. The case was handed down in the middle of jury selection. This Supreme Courtcase affected the individual voir dire procedure and chargeto 

### thejuryconcerning a special issue ofintellectual disabilitythatwas submitted 

### to thejury. Issues involving Ex Parte Briseno'sfactors on mental retardation (intellectual disability) had to be dealtwith inthis appeal. Appellant's counsel has determined that the additional words were necessary to argue the 

### numerous complex issues contained inthis brief. Counsel has spoken to the State's assistant district attorney, Ms. Christine Womble and she has no objection to this extension ofword count. II. 

### The Appellant has been diligent in pursuing this appeal and is not seeking this word count extension frivolously .WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Motion be granted. Respectfully submitted,

/s/ John Tatum r John Tatum 990 S. Sherman Street Richardson, Texas 70581 

### (972) 705-9200 Fax#: (972) 690-9901 State Bar No. 19672500

CERTIFICATE OF SERVICE 

### Ihereby certify that a copy ofthis Motion has been delivered to Susan Hawk, Dallas County DistrictAttorney, or to herAssistant DistrictAttorney in 

### the Appellate Section assigned to this case, at 133 North Riverfront, 11th 

### floor, Frank Crowley Criminal Courts Building, Dallas, Texas 75207, on this 

### the 13th day ofJune 19, 2015.

/s/ John Tatum John TatumCERTIFICATE OF COMPLIANCE 

### Icertifythatthis submitted e-mail attachmentto file Motion for Extension ofTime to File Briefcomplies with the following requirements ofthe Court: 1. The petition is submitted by e-mail attachment; 2. The e-mail attachment is labeled with the following information:

A. Case Name: Kenneth Thomas B. The Appellate Case Number: 77,047 C. The Type of Document: Motion to Extend Time 

### D. Party for whom the document is being submitted: Appellant E. The Word Processing Software and Version Used to Prepare the Motion : Word Perfect X7 3. Copies have been sent to all parties associated with this case. 

### /s/ John Tatum 6/19/15 (Signature of filing party and date) John Tatum 

### (Printed name) John Tatum, Attorney at Law Emailed Copy of Motion