FILED IN

COURT OF CRIMINALAPPEALS

August 13, 2015

ABELACOSTA, CLERK No. PD-0445-15

PD-0445-1

COURT OF CRIMINAL APPEAL

AUSTIN, TEXA

Transmitted 8/13/2015 11:49:39 Al

Accepted 8/13/2015 12:40:46 PI

ABEL ACOST,

CLER

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

THE STATE OF TEXAS,

Appellant, v.

DAVID FREDERICK CARY,

Appellee.

\*

K

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 AN EXTENSION OF TIME OF

THREE DAYS TO FILE THE STATE'S BRIEF

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

EDWARD L. MARSHALL

Chief, Criminal Appeals Division

ADRIENNE McFARLAND

Deputy Attorney General

for Criminal Justice

*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

Telephone: (512) 936-1400

Facsimile: (512) 936-1280

*Lead Appellate Counsel

ATTORNEYS FOR THE STATE
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL

APPEALS:

COMES NOW, the State of Texas and files this, the State's

Unopposed Motion for an Extension of Time of Three Days to File the

State's Brief, and respectfully shows the following:

The State previously made an unopposed request for an extension

of fourteen days to file its opening brief in this appeal, which the Court

granted. Hence, the State's opening briefis presently due to be filed on or

before Friday, August 14, 2015.

II.

The State humbly seeks a three-day extension to file its opening

brief, extending the new deadline to Monday, August 17, 2015. This is

the Staters second, and final extension request. The State willnotseek a

further extension oftime to Gle its briefifthis three (3) day request is

granted.

III.

As justification for this request, the undersigned attorney assures

the Court that he has been diligently working on the State's brief since

August 6, 2015 (including Sunday, August 9), while also continuing to

2
perform as the non-capital appellate supervisor for the Criminal Appeals

Division of the Texas Attorney General. Unfortunately, given both the

complexity of the record, and the importance of this appeal to the State

(i.e., the court of appeals entered a judgment of acquittal on a legal

sufficiency claim), the undersigned has been unable to complete the

State's brief within the present timeframe. Finally, the Assistant

Attorney General who will perform the mandatory internal pre-filing

review of this brief will be unable to do so until the weekend ofAugust 15

and 16, 2015.

IV.

This request is not designed to harass Appellee, nor to

unnecessarily delay these proceedings, but to ensure that the complex

issues in this important appeal are properly addressed. The undersigned

conferred with Appellee's counsel of record on August 13, 2015, who is

unopposed to this motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas

respectfully requests a three (3) day extension of time to file its brief up

to and including Monday, August 17, 2015.

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

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