Cary, David Frederick

Opinion

PD-0445-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 7/27/2015 12:23:12 PM July 27, 2015 Accepted 7/27/2015 12:40:36 PM

No. PD-0445-15

ABEL ACOSTA

CLERK

______________________________

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

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ATTORNEYS FOR THE STATE

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

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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.

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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

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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

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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