NO.Ol-15-00220-CR 

GARY JAMES COX, 

APPELLANT 

IN THE COURT OF APPEALS 

v. 

THE STATE OF TEXAS, 

APPELLEE 

FIRST SUPREME 

DISTRICT 

HOUSTON, TEXAS 

MOTION FOR EXTENSION OF TIME TO 

FILE STATE'S RESPONSE BRIEF 

TO THE HONORABLE COURT OF APPEALS: 

JUDICIAL 

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 AGGRAVATED SEXUAL ASSAULT OF A 

CHILD WITH ENHANCEMENT, and was sentenced on 2/4/2015. The trial 

case was styled as State of Texas v. Gary James Cox, in the 12200 Judicial District 

Court of Galveston County, Texas, Cause No. 13-CR-0183. Appellant filed timely 

Notice of Appeal. The Appellant's brief was filed with this Court on 8/7 /2015. 

2. The present due date for filing the State's brief is 9/8/2015. 

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

4. The State requests an extension to file its brief on or before 11/8/2015. 

5. The State requests this extension not for delay but because during the last seventyfive days, the undersigned attorney for the State: 

1 

ACCEPTED

01-15-00220-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/8/2015 10:00:36 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 10:00:36 AM CHRISTOPHER A. PRINE Clerk
• Completed a State's response brief in lJunar Hunter v. State, 01-14-

00895-CR, on 7/7/2015. 

• Completed a State's response brief on Writ of Mandamus in In Re 

Antonio Sepeda, 14-15-00288-CV, on 8/13/2015. 

• Attended a CLE on 7/9/2015. 

• Attended a TDCAA Legislative update on 8/20/2015. 

• Handled 72 expunctions and nondisclosures, and 

misidentification expunctions. 

• Completed 2 post-conviction writ answers on case numbers: 11-

CR-0345-83-1 (Mario Meza); 98-CR-0358-83-3, 98-CR-0359-83-3, 

98-CR-0360-83-3, 98-CR-0361-83-3, 98-CR-0362-83-3 (Keith Sf. 

Aubin). 

6. The State will also file its motion for rehearing and motion for reconsideration 

en banc in Villcmt Zahorik v. State, 14-13-00763-CR, due on September 9, 

2015. 

7. The State must also complete its response brief to AllthOl!} Brac!ford v. State, 14-

15-00201-CR & 14-15-00202-CR, due on September 21, 2015. 

8. The State must also complete its response brief in Ralph Garcia v. State, 01-14-

00954-CR due on September 24, 2015. 

9. The State must also complete its response brief to Robert Rollins v. State, 01-14-

00768-CR, due on October 26,2015. 

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests 

that this Court of Appeals extend the time to file the State's brief until November 8, 

2015. 

Respectfully submitted, 

JACK ROADY 

CRIMINAL DISTRICT ATTORNEY 

2 
. STON COUNTY, TEXAS 

As . t Criminal District Attorney 

o 59th Street, Suite 1001 

Galveston County, Texas 77551 

TeL(409)766-2355, fax (409)766-2290 

State Bar Number: 24062850 

allison.lindblade@co.gaIveston.rx.us 

CERTIFICATE OF COMPLIANCE 

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

and consists of 352 words. 

INDBLADE 

Assi t Criminal District Attorney 

Galveston County, Texas 

CERTIFICATE OF SERVICE 

The undersigned attorney for the State certifies that a copy of the above motion 

was faxed/ emailed/ eFiled / or mailed to Joel B ett, Attorney for Appellant, at 

joel@searsandbennetr.com or 1100 Nasa Park ·re 302, Houston, TX 77058, on 

September 8, 2015. 

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ssistant Criminal District Attorney 

Galveston County, Texas 
AFFIDAVIT 

THE STATE OF TEXAS 

COUNTY OF GALVESTON 

Before me, the undersigned authority, on September 8, 2015, appeared Allison 

Lindblade, who by me duly sworn did depose and state on oath the following: 

"I, Allison Lindblade, Attorney for the State of Texas, have read 

the Motion for Extension of Time to File the State's Brief, and swear that 

the information contained ther' is true and correct." 

'''' •. " . JE 

~~~riminal District Attorney 

on County, Texas 

SWORN TO AND SUBSCRIBED before me on September 8, 2015. 

","111",~ HEAl HER GRUBEN !~!~\ NolOIV PubliC. State of Texas 

~:~.~).J My commission Eltpires 

\ .. ;; ...... ;; .. ~ May 06, 2019 ~"·:"W ... ·,·· 

~ 6VVL\?tA--

NOTARY PUBLIC in and for 

the State of Texas 

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