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. 

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OnAppeal from the Court ofAppeals, Fifth District ofTexas at Dallas Court ofAppeals No. 05-13-01010-CR
STATE'S UNOPPOSED MOTION FORANEXTENSION OF TIME OF THREE DAYS TO FILE THE STATE'S BRIEF

KEN PAXTON Attorney General ofTexas CHARLES E. ROY First Assistant Attorney General EDWARD L. MARSHALL Chief, CriminalAppeals Division ADRIENNE McFARLAND Deputy Attorney General for Criminal Justice *JOSEPH P. CORCORAN AssistantAttorney General 

### SupervisingAttorney for Non-Capital Appeals CriminalAppeals 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



### *LeadAppellate Counsel

ATTORNEYS FOR THE STATETO 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 ofThree Days to File the State's Brief, and respectfully shows the following:



### The State previously made an unopposed request for an extension 

### offourteen days to file its opening briefin this appeal, which the Court granted. Hence, the State's openingbriefis presently due to be filed onor 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, andfinal extensionrequest. The State willnotseeka 

### furtherextension oftime to Gleits brief ifthis three (3) dayrequestis granted. III. 

### As justification for this request, the undersigned attorney assures 

### the Court that he has been diligently working on the State's briefsince 

### August 6, 2015 (including Sunday, August 9), while also continuing to
2perform as the non-capital appellate supervisorfor the CriminalAppeals Division ofthe Texas Attorney General. Unfortunately, given both the 

### complexity ofthe record, and the importance ofthis 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 ofthis briefwillbe 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 inthis important appeal are properly addressed. The undersigned conferred with Appellee's counsel ofrecord on August 13, 2015, who is unopposedto this motion.WHEREFORE, PREMISES CONSIDERED, the State of Texas 

### respectfully requests a three (3) day extension oftime to file its briefup to and includingMonday, August 17, 2015. Respectfully submitted,

KEN PAXTON Attorney General ofTexas CHARLES E. ROY FirstAssistantAttorney General ADRIENNE McFARLAND 

### Deputy Attorney General for Criminal Justice EDWARD L. MARSHALL Chief, CriminalAppeals Division
/s/Joseph P. Corcoran *Lead Counsel JOSEPH P. CORCORAN* AssistantAttorney 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 STATECERTIFICATE 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 AssistantAttorney GeneralCERTIFICATE 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 AssistantAttorney General