### NO.Ol-1S-00303-CR GARY LAVERNWYMORE AKA CALVINJOE MCCOLLOM, APPELLANT INTHE COURT OFAPPEALS



## v.
THE STATE OFTEXAS, APPELLEE FIRST SUPREME DISTRICT HOUSTON,TEXAS
MOTION FOR EXTENSION OFTIMETO FI!.E STATE'S RESPONSE BRIEF
TO THE HONORABLE COURT OFAPPEALS: JUDICIAL

Now comesJack Roady, Criminal District Attorney ofGalveston County, Texas, pursuant to Rule 10.s(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 ofAppeals as follows: 1. The appellant was convicted of DRIVING WHILE INTOXICATED 3'd OR MORE, and was sentenced on February 26, 2015. The trial case was styled as State 

## of Texas II. Gary Lallem Wymore AKA Calvin Joe McCollom, in the 40s,h Judicial District Court of Galveston County, Texas, Cause No. 14-CR-1334. Appellant filed timely Notice ofAppeal. The Appellant's briefwas filed with this Court on 9/1/2015. 2. The present due date for filing the State's briefis 10/1/2015
. 3. The State has attempted to get a copy of the Reporter's Record from the District Clerk's Office, butit is not available. 4. This is the State's first motion for extension oftime to file its brief.
1 ACCEPTED 01-15-00303-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 10/1/2015 10:33:29 AM CHRISTOPHER PRINE

CLERK5. The State requests an extension to file its briefon or before 12/1/2015. 6. The State requests this extension not for delay but because during the last thirty days, the undersigned attorney for the State:
• Completed a reply briefon a lengthy trial in 

### Hmry Tobar v. State, 14-15- 00011-CR& 14-15-00012-CRon 9/29/2015.
• Is solely responsible for 

### all Post-Conviction Writs of Habeas Corpus for Galveston County and completed 4 post-conviction writ answers on case numbers: ll-CR-1752-83-2 

### (Sheroll Ternl!]; 91-CR-0155-83-7 

### (Thomas**W~'le** 

### Floreflce); 14-CR-1504-83-1 

### (Cecil Gme Walke!); 12-CR-2766-83-1 

### (Wilford Petersofl). 7. The State must also complete its response brief to 

### Jose Pablo Lopez v. State, 01-15- 00055-CR, due on 11/2/2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court ofAppeals extend the time to file the State's briefuntil December 1,2015. Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY,TEXAS 

### lsI Rebecca Kiaml REBECCA KLAREN Assistant Criminal DistrictAttorney 600 59'" Street, Suite 1001 Galveston County, Texas 77551 TeI.(409)766-2355, fax (409)766-2290 State Bar Number: 24046225 rcbccca.khrcn@co.glllvcston.a.us

2

### CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State certifies this briefis computer generated, and consists of294 words.


### lsI &becca KJamr REBECCA KLAREN Assistant Criminal DistrictAttorney Galveston County, Texas



### CERTIFICATE OF SERVICE The undersigned attorney for the State certifies that a copy ofthe above motion
was faxed/ emailed/ eFiled / or mailed toJoseph Kyle Verret, Attorney for Appellant, at kyle@vcrrctlaw.com, on October 1, 2015.

3 

### IsI Rebecca Klarell REBECCA KLAREN Assistant Criminal DistrictAttorney Galveston County, Texas

### AFFIDAVIT THE STATE OFTEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on October 1, 2015, appeared Rebecca Klaren, who by me duly sworn did depose and state on oath the following: "I, Rebecca Klaren, Attorney for the State ofTexas, have read the Motion for Extension ofTime to File the State's Brief, and swear that the information contained therein is true and correct."

REBECCA KLAREN Assistant Criminal DistrictAttorney Galveston County, Texas

SWORN TO AND SUBSCRIBED before me on October 1, 2015.**...-:."~....** HEATHER GRUBEN**I:~ j**  ..**~;\** Notorv PubliC. Slate 01 19K05 

### \**~**



### ..**l~}** 

### ..

### i Mv Commission Explles**~;";"'\'';!~** May 06,2019 -,,,.,",,

# DrVv~ NOTARY PUBLIC in and for the State ofTexas

4