NO.Ol-1S-00303-CR 

GARY LAVERN WYMORE AKA 

CALVIN JOE MCCOLLOM, 

APPELLANT 

IN THE COURT OF APPEALS 

v. 

THE STATE OF TEXAS, 

APPELLEE 

FIRST SUPREME 

DISTRICT 

HOUSTON, TEXAS 

MOTION FOR EXTENSION OF TIME TO 

FI!.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.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 of Appeals 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 of Appeal. The Appellant's brief was filed with this Court on 

9/1/2015. 

2. The present due date for filing the State's brief is 10/1/2015. 

3. The State has attempted to get a copy of the Reporter's Record from the District 

Clerk's Office, but it is not available. 

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

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ACCEPTED

01-15-00303-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

10/1/2015 10:33:29 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/1/2015 10:33:29 AM CHRISTOPHER A. PRINE Clerk
5. The State requests an extension to file its brief on 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 brief on 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 of Appeals extend the time to file the State's brief until December 1,2015. 

Respectfully submitted, 

JACK ROADY 

CRIMINAL DISTRICT ATTORNEY 

GALVESTON COUNTY, TEXAS 

lsI Rebecca Kiaml 

REBECCA KLAREN 

Assistant Criminal District Attorney 

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 

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CERTIFICATE OF COMPLIANCE 

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

and consists of 294 words. 

lsI &becca KJamr 

REBECCA KLAREN 

Assistant Criminal District Attorney 

Galveston 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 Joseph Kyle Verret, Attorney for Appellant, 

at kyle@vcrrctlaw.com, on October 1, 2015. 

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Is I Rebecca Klarell 

REBECCA KLAREN 

Assistant Criminal District Attorney 

Galveston County, Texas 
AFFIDAVIT 

THE STATE OF TEXAS 

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 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." 

REBECCA KLAREN 

Assistant Criminal District Attorney 

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 of Texas 

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