NO. 01-15-00221-CR, 01-15-00222-CR 

GARY JAMES COX, 

APPELLANT 

IN THE COURT OF APPEALS 

v. 

THE STATE OF TEXAS, 

APPELLEE 

FIRST SUPREME 

DISTRICT 

HOUSTON, TEXAS 

MOTION FOR EXTENSION OF TIME TO 

FILE STATE'S RESPONSE BRIEF 

TO THE HONORABLE COURT OF APPEALS: 

JUDICIAL 

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 SEX OFFENDER'S FAILURE TO COMPLY, 

ATTEMPTED SEXUAL PERFORMANCE OF A CHILD, and was sentenced 

on 2/4/2015. The trial case was styled as State oj Texas v. Gary James Cox, in the 

122nd Judicial District Court of Galveston County, Texas, Cause Nos. 13-CR-0184, 

14-CR-3561. 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 requested and was granted an extension on the companion case 01-15· 

00220-CR to 10/9/2015. The State inadvertendy forgot to request an extension on 

the two above cases. The State requests the two cases be extended along with the 

comparuon case. 

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ACCEPTED

01-15-00221-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/14/2015 4:37:03 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/14/2015 4:37:03 PM CHRISTOPHER A. PRINE Clerk
5. The State requests an extension to file its brief on or before 10/9/2015. 

6. The State requests this extension not for delay but because during the last seventyfive days, the undersigned attorney for the State: 

• Completed a State's response brief in Lamar HI/liter v. Slate, 01-14-

00895-CR, on 7/7/2015. 

• Attended a CLE on 7/9/2015 and 9/10/2015. 

• Completed a State's response brief on Writ of Mandamus in In Re 

Alllollio Sepeda, 14-15-00288-CV, on 8/13/2015. 

• Attended a TDCAA Legislative update on 8/20/2015. 

• Completed a State's response brief in Ralph Garda v. Slate, 01-14-

00954-CRon 9/11/2015. 

• Handled 72 expunctions and nondisclosures, and 

misidentification expunctions. 

• Completed post-conviction writ answers on case numbers: 11-CR0345-83-1 (Mario Meza); 98-CR-0358-83-3, 98-CR-0359-83-3, 98-

CR-0360-83-3, 98-CR-0361-83-3, 98-CR-036Z-83-3 (Keith SI. 

AI/bill). 

7. The State must also complete its response brief toA,ltho,!y Bradford v. Siale, 14-

15-00Z01-CR & 14-15-0020Z-CR, due on September Z1, 2015. 

8. The State must also complete its response brief to Robert Rollills v. Slale,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 October 9, 2015. 

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Respectfully submitted, 

JACKRO Y 

C DISTRICT 

G NCO 

Assistant Criminal District Attorney 

600 59th Street, Suite 1001 

Galveston County, Texas 77551 

Tel.(409)766-2355, fax (409)766-2290 

State Bar Nwnber: 24062850 

a1lison.lindblade@co.ga!vcston.tx.us 

CERTIFICATE OF COMPLIANCE 

The undersigned Attorney for the State certifies this brief is computer generated, 

and consists of 364 words. 

Assis riminal District Attorney 

eston 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 Bennett, Attorney for Appellant, at 

jocl@scarsandbcnnctt.com on September 14, 2 15. 

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. tant Criminal District Attorney 

Galveston County, Texas 
AFFIDAVIT 

THE STATE OF TEXAS 

COUNTY OF GALVESTON 

Before me, the undersigned authority, on September 14, 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 infonnation contained therein is true and correct" 

riminal District Attorney 

veston County, Texas 

SWORN TO AND SUBSCRIBED before me on September 14, 2015. 

NOTARY PUBLIC in and for 

the State of Texas 

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