CASE NO. AP-77,033 

COURT OF CRIMINAL APPEALS 

OF TEXAS 

GEORGE THOMAS CURRY, APPELLANT 

V.

THE STATE OF TEXAS, APPELLEE 

APPELLANT’S MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT: 

 COMES NOW GEORGE THOMAS CURRY, appellant, by and through his 

attorney of record, KURT B. WENTZ, who files this Appellant’s Motion for Extension 

of Time to File Appellant’s Brief and in support thereof would show this Court as 

follows: 

I.

 The appellant has been guilty of capital murder and sentenced to death. The 

appeal of his case is automatic. 

II.

 The appellant remains indigent and requires the assistance of appointed counsel. 

III. 

 This Court has extended the time for filing the appellant’s brief on four occasions 

and it is now presently due on October 15, 2015. 

AP-77,033

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 10/14/2015 1:47:30 PM

Accepted 10/14/2015 2:52:17 PM

ABEL ACOSTA

CLERK
IV.

The attorney for the appellant will not be able to complete the appellant’s brief by 

October 15, 2015.

V.

While counsel has filed a motion to withdraw as the appellant’s attorney of 

record, that request was denied.

VI.

While this Court is obviously concerned with the timely filing of the appellant’s 

brief counsel has not been able to complete Mr. Curry’s brief for the following reasons:

A. In early August, 2015 counsel fell. The fall resulted in a broken hip that 

required hip replacement surgery by Dr. Daniel Le at Houston Methodist 

Hospital. The surgery, hospitalization, and convalescence that followed 

severely limited counsel’s ability to complete his appellate and trial work. 

B. On October 12, 2015 counsel began trial in the death penalty case entitled The 

State of Texas v. William Mason in the 228th District Court of Harris County, 

Texas. It has been estimated by others that this trial will last until November 

20, 2015. The time counsel has had to spend familiarizing himself with the 

record in this capital murder retrial and familiarizing himself with Mr. 

Mason’s personal history has compromised his ability to complete the 

appellant’s brief.

C. Counsel has not neglected his appellate work in spite of the foregoing and has 

recently completed and filed a nondeath capital murder brief in Vicente Eddie 

Matta with the 14th Court of Appeals on October 14, 2015.

VII.

Because counsel’s other cases have been reset until the end of November and 

December it is anticipated that counsel will not be able to complete Mr. Curry’s brief 

until January 22, 2016.
VIII.

This motion is not intended for the purposes of delay but only so that justice may 

be done.

WHEREFORE, PREMISES CONSIDERED, the appellant prays that the Court 

extend the time for filing the appellant's brief to January 22, 2016.

Respectfully submitted,

/s/ KURT B. WENTZ

KURT B. WENTZ

5629 Cypress Creek Parkway, 

Suite 115

Houston, Texas 77069

Phone: 281/587-0088

State Bar No. 21179300

e-mail: kbsawentz@yahoo.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I, Kurt B. Wentz, hereby certify that a true and correct paper copy of the 

Appellant’s Fourth Motion for Extension of Time to File Appellant’s Brief was served on 

the Assistant District Attorney for Harris County, Texas presently handling this Cause on 

the 14th day of October, 2015.

/s/ KURT B. WENTZ

KURT B. WENTZ