1 NO. 08-21-00069-CR

GARY LEE ATTERBERRY,
APPELLANT IN THE COURT OF APPEALS §

V. § EIGHTH SUPREME JUDICI AL 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 Distri ct Attorney of Galv eston 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 wo uld 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 122 nd 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 brie f is 1/17/2022.

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

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

5. The State requests this extension not for de lay 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, file d 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

CLERK2  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 invest igation and response into several Chapter 64 DNA investigatio ns, 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 on going or completed inve stigation 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 no n-disclosures.

 While dockets have not proceeded as they di d pre-pandemic until recently, the State has cont inued to work diligently to ensure all cases are handled fairly. Consequently, litigati on support for the trial bureau has continued at a steady pace and begi nning 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 br ief until February 17, 2022.

Respectfully submitted,

JACK ROADY
CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS /s/ Rebecca Klaren

REBECCA KLAREN3 Assistant Criminal District Attorney

600 59 th Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2 355, fax (409)766-2290
State Bar Number: 24046225 rebecca.klaren@co. galveston.tx.us

CERTIFICATE OF COMPLIANCE

The undersigned Attorney fo r the State certifies this br ief 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 cer tifies that a copy of the above motion

was emailed via eFiling e-servic e to Tad Nelson, attorney fo r Appellant, on January 14,

2022.

/s/ Rebecca Klaren

REBECCA KLAREN Assistant Criminal District Attorney Galveston County, TexasAutomated 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