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 A ppellant’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

CLERKIV.

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 d enied.

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 th at

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 be gan trial in the death penalty case entitled The

State of Texas v. William Mason in the 228 th 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 fam iliarizing 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 foreg oing and has

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

Matta with the 14 th 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 anticipat ed that counsel will not be able to complete Mr. Curry’s brief

until January 22, 2016.VII I

.

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

be done.

WHEREFORE, PREMISES CONSIDERED, the appellant prays that the Court

e xtend 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 Appella nt’s Brief was served on

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

the 14 th day of October , 2015.

/s/ KURT B. WENTZ

KURT B. WENTZ