No. PD-0445-15 ______________________________

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS ______________________________

THE STATE OF TEXAS, Appellant,

v.

DAVID FREDERICK CARY,

Appellee.

______________________________

On Appeal from the Court of Appeals, Fifth District of Texas at Dallas

Court of Appeals No. 05-13-01010-CR

______________________________

STATE’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME 

TO FILE THE STATE’S BRIEF ______________________________

KEN PAXTON *JOSEPH P. CORCORAN

Attorney General of Texas Assistant Attorney General

Supervising Attorney

CHARLES E. ROY for Non-Capital Appeals

First Assistant Attorney General Criminal Appeals Division 

State Bar No. 00793549

EDWARD L. MARSHALL Joseph.Corcoran@TexasAttorneyGeneral.gov

Chief, Criminal Appeals Division

P. O. Box 12548, Capitol Station

ADRIENNE McFARLAND Austin, Texas 78711

Deputy Attorney General Telephone: (512) 936-1400

for Criminal Justice Facsimile: (512) 936-1280

 

*Lead Appellate Counsel

_____________________________

ATTORNEYS FOR THE STATE

PD-0445-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/27/2015 12:23:12 PM

Accepted 7/27/2015 12:40:36 PM

ABEL ACOSTA

CLERK
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL 

APPEALS:

COMES NOW, the State of Texas and files this, the State’s Motion 

for an Extension of Time to File the State’s Brief, and respectfully shows 

the following: 

I.

The State’s opening brief in this appeal is presently due Friday, 

July 31, 2015.

II.

The State hereby requests an extension of 14 days to file its brief, 

extending the new deadline to Friday, August 14, 2015. This is the 

State’s first extension request.

III.

As justification for this request, in the last three weeks the 

undersigned attorney (as the non-capital appellate supervisor for the 

Criminal Appeals Division of the Texas Attorney General), was required 

to perform an in-depth review of several non-extendible appellate briefs, 

including: a brief in opposition to certiorari in Hunt v. Texas, No. 

14-8575, filed in the Supreme Court of the United States on July 23, 

2015; a brief in Vollmer v. Stephens, No. 14-10301, filed in the United 

2
States Court of Appeals for the Fifth Circuit on July 14, 2015; and a brief 

in Romero v. Stephens, No. 14-40570, filed in the United States Court of 

Appeals for the Fifth Circuit on July 11, 2015. Moreover, the 

undersigned attorney will be traveling out-of-state on a pre-paid 

vacation from August 5, until August 9, 2015. This request is not 

designed to harass Appellee, nor to unnecessarily delay these 

proceedings, but to ensure that the State’s legal arguments are properly

presented. 

The undersigned conferred with Appellant’s counsel of record on 

July 24, 2015, who is unopposed to this motion.

WHEREFORE, PREMISES CONSIDERED, the State of Texas 

respectfully requests an extension of time to file its brief up to and 

including Friday, August 14, 2015.

3
Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY 

First Assistant Attorney General

ADRIENNE McFARLAND

Deputy Attorney General

for Criminal Justice

EDWARD L. MARSHALL

Chief, Criminal Appeals Division

/s/ Joseph P. Corcoran 

*Lead Counsel JOSEPH P. CORCORAN*

Assistant Attorney General

Supervising Attorney 

for Non-Capital Appeals

Criminal Appeals Division

State Bar No. 00793549

Joseph.Corcoran@TexasAttorneyGeneral.gov

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 936-1400

Facsimile: (512) 936-1280

ATTORNEYS FOR THE STATE

 

4
CERTIFICATE OF CONFERENCE 

I hereby certify that I conferred with Mr. John Helms prior to the 

filing of this motion, and he indicated that he did not oppose the 

extension.

/s/ Joseph P. Corcoran 

JOSEPH P. CORCORAN

Assistant Attorney General

5
CERTIFICATE OF SERVICE 

Pursuant to Rule 9.5(b)(1) of the Texas Rules of Appellate 

Procedure, I do hereby certify that if the email address of attorneys 

designated below is on file with the electronic filing manager, a true and 

correct copy of the foregoing notice was served electronically by that 

electronic filing manager, on the following attorneys via electronic mail:

John Michael Helms Jr.

Attorney for Appellant

Moreover, I do hereby certify that if the email addresses for the 

designated attorneys are not on file with the electronic filing manager, a 

true and correct copy of the foregoing pleading was served by email, 

addressed to:

John Michael Helms Jr.

john@johnhelmslaw.com

/s/ Joseph P. Corcoran 

JOSEPH P. CORCORAN

Assistant Attorney General

6