NO. 01-15-00220-CR, 01-15-00221-CR, 01-lS-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 

FII.E 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 AGGRAVATED SEXUAL ASSAULT OF A 

CHILD WITH ENHANCEIvIENT, SEX OFFENDERS DUTY TO REGISTER 

LIFE/ANNUALLY, ATI'EMPT TO COMMIT SEXUAL PERFORMANCE 

OF A CHILD WITH ENHANCEMENT, and was sentenced on 2/4/2015. The 

trial case was styled as State of Texas v. Gary James Cox, in the 122nd Judicial District 

Court of Galveston County, Texas, Cause No. 13-CR-0183, 13-CR-0184, 14-CR3651. 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 10/9/2015. 

3. This is the State's second motion for extension of time to file its brief. 

4. The State requests an extension to file its brief on or before 12/9/2015. 

I 

1 

ACCEPTED

01-15-00220-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

10/9/2015 11:32:15 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/9/2015 11:32:15 AM CHRISTOPHER A. PRINE Clerk
5. The State requests this extension not for delay but because during the last sixty 

days, the undersigned attorney for the State: 

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

Alltonio Sepeda, 14-15-00288-CV, on 8/13/2015; and State's 

proposed Findings of Facts and Conclusions of Law regarding the 

same line of cases on 9/22/2015. 

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

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

00954-CRon 9/11/2015. 

• Completed an Ander's Response in Allthof!y Bradford v. State, 14-15-

00201-CR& 14-15-00202-CR, on 9/21/2015. 

• Responded to Appellallt/ Deftlldallt's Motioll for the COllrt to Declare 

Applicallt is a Victim of Idmtity Theft alld Applicallt Reqllestif'!, 

Declaration that Application is a Victim of Idtfltity Theft in Cause No. 

MD-322640; No. 14-13-00763-CR Vil/tefit Zahorik v. State in 

County Court of Law No. 2, Galveston County; and argued at the 

hearing on September 29, 2015. 

• Filed answers, responses, agreed orders, and appeared in court for 

hearings or docket on approximately 60 expunctions and 

nondisclosures, and misidentification expunctions. 

• Completed a post-conviction writ answer on a capital life writ, case 

numbers: 98-CR-0358-83-3, 98-CR-0359-83-3, 98-CR-0360-83-3, 

98-CR-0361-83-3, 98-CR-0362-83-3 (Keith St Allbill); researched 

issues for supplement answer; and will file supplemental answer 

today. 

6. The State must also complete its response brief to Robert Rol/ills v. State, 01-14-

00768-CR, due on October 26, 2015. 

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WHEREFORE. PREMISES CONSIDERED, the State respectfully requests 

that this Court of Appeals extend the time to file the State's brief until December 9, 

2015. 

Respectfully submitted, 

JACK 0 Y 

CruN ~ISTRICT ATTORNEY 

, N COUNTY, TE.."'{AS 

J I 

INDBLADE 

Ascsistam Criminal District Attorney 

600 59th Street, Suite 1001 

Galveston County, Texas 77551 

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

State Bar Number: 24062850 

allison.lindblade@co.g.alveston.t:x.us 

CERTIFICATE OF COMPLIANCE 

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

and consists of 416 words. 

LINDBLADE 

Assistant Criminal District Attorney 

Galveston County, Texas 

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CERTIFICATE OF SERVICE 

The undersigned attorney for the State certifies that a copy of the above motion 

was emailed/eFiledtoJoeiBennett.AttomeyforAppellant.at 

joel@searsandbennett.com on October 9, 2015. 

is riminal District Attorney 

eston County, Texas 

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AFFIDAVIT 

THE STATE OF TEXAS 

COUNTY OF GALVESTON 

Before me, the undersigned authority, on October 9, 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 information contained therein is true and correct." 

'\ 

,llll.nu:al District Attorney 

Galveston County, Texas 

SWORN TO AND SUBSCRIBED before me on October 9, 2015. 

~GNOTARY PUBLIC in and ~ for 

the State of Texas 

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