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NO. 08-21-00069-CR 

GARY LEE ATTERBERRY, 

 APPELLANT 

 IN THE COURT OF APPEALS

§ 

V. § EIGHTH SUPREME 

 JUDICIAL DISTRICT 

THE STATE OF TEXAS, 

 APPELLEE 

§ EL PASO, TX 

MOTION FOR EXTENSION OF TIME 

TO FILE STATE'S RESPONSE BRIEF

TO THE HONORABLE COURT OF APPEALS:

 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 Capital Murder and was sentenced on 3/25/2021. 

The trial case is styled as State of Texas v. Gary Lee Atterberry, in the 122nd Judicial 

District Court of Galveston County, Texas, Cause No. 13-CR-2852. Appellant filed 

a timely notice of appeal. The Appellant’s brief was filed with this Court on 

10/19/2021. 

2. The present due date for filing the State’s brief is 1/17/2022. 

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

4. The State requests an extension to file its brief on or before 2/17/2022. 

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 in Dexter Lafayett Triplett v. State, 01-

21-00287-CR, filed on 1/10/2022. 

ACCEPTED

08-21-00069-CR

EIGHTH COURT OF APPEALS

EL PASO, TEXAS

1/14/2022 8:46 AM

ELIZABETH G. FLORES

CLERK

 FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 1/14/2022 8:46:29 AM ELIZABETH G. FLORES Clerk
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 Supervised a State’s Response brief in Patrick Campbell v. State, 01-20-

00494-CR, filed on 1/6/2022. 

 Completed a State’s Response brief in Lewis Terrelle Sledge v. State, 05-21-

00280-CR, filed on 11/15/2021. 

 Supervised the State’s ongoing investigation and response into several 

Chapter 64 DNA investigations, including: 03-CR-2869 (James Stewart); 

11-CR-2495, 11-CR-2494, 11-CR-2478 (Noah Nava); 09-CR-3730 

(Linzale Greer); 06-CR-1249 (Daniel Gray). 

 Supervised the State’s ongoing or completed investigation and response 

to post-conviction habeas corpus writ litigation on the following cases: 

CV-88967 (Leslie Palomo); 18-CR-1661-83-1 (Michael Wayne Kie); CR038590-83-1 (Robin Presley Phillips); 14-CR-2641-83-1 (Thomas Ray 

Graham); 19-CR-0459-83-1 (Daniel Earl Culp); 18-CR-0670-83-1 

(Carnell Dodson); 10-CR-2663-83-2 (Albert Duwayne Beasley); 19-CR2186-83-1 (Maria Aguirre); 18-CR-1642-83-1 & 18-CR-1643-83-1 

(Henry Batiste); 15-CR-1465-83-3 (Leonard Willis). 

 Supervised the State’s response to expunctions and non-disclosures. 

 While dockets have not proceeded as they did pre-pandemic until 

recently, the State has continued to work diligently to ensure all cases are 

handled fairly. Consequently, litigation support for the trial bureau has 

continued at a steady pace and beginning to increase as trials are 

becoming more frequent. 

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this 

Court of Appeals extend the time to file the State's brief until February 17, 2022. 

 Respectfully submitted, 

 JACK ROADY 

 CRIMINAL DISTRICT ATTORNEY 

 GALVESTON COUNTY, TEXAS 

 /s/ Rebecca Klaren 

REBECCA KLAREN 
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 Assistant Criminal District Attorney 

 600 59th Street, Suite 1001 

 Galveston County, Texas 77551 

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

 State Bar Number: 24046225 

 rebecca.klaren@co.galveston.tx.us 

CERTIFICATE OF COMPLIANCE

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

and consists of 373 words. 

 /s/ Rebecca Klaren 

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 emailed via eFiling e-service to Tad Nelson, attorney for Appellant, on January 14, 

2022. 

 

 /s/ Rebecca Klaren 

REBECCA KLAREN 

 Assistant Criminal District Attorney 

 Galveston County, Texas 

 
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Envelope ID: 60822872

Status as of 1/14/2022 9:06 AM MST

Associated Case Party: GaryLeeAtterberry

Name

Tad A. Nelson

BarNumber

14906350

Email

tad@thenelsonfirm.com

TimestampSubmitted

1/14/2022 8:46:29 AM

Status

SENT