Cary, David Frederick

Opinion

PD-0445-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 9/17/2015 9:55:56 AM Accepted 9/17/2015 10:20:49 AM ABEL ACOSTA

IN THE CLERK COURT OF COURT OF CRIMINAL APPEALS OF TEXAS

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No. PD-0445-15

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September 17, 2015

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

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APPELLEE'S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Appellant David Frederick Cary respectfully moves for an extension of time

to file his Appellee’s Brief by until , 2015. In support of this motion, she would

respectfully show as follows:

1. The deadline for filing the Appellant’s Brief is September 17, 2015.

2. Appellant seeks an extension of time of 21 days, until October 15,

2015.

3. An extension is necessary because of appellate counsel’s schedule and

the complexity of the issues. The charges in this case concern alleged bribery of a

candidate for district court judge of Collin County, Texas. The record involves

Unopposed Motion for Extension of Time--Page 1 complicated legal and factual issues implicating, among other things, the interplay

between the Texas bribery statute, election laws, and campaign finance reporting.

The trial lasted two weeks, and the trial exhibits are over 8000 pages.

4. APPELLEE, THE STATE OF TEXAS, DOES NOT OPPOSE

THIS REQUESTED EXTENSION.

4. No previous extension has been sought or granted.

Respectfully submitted,

____/s/ John M. Helms____________ John M. Helms Texas Bar No. 09401001 BRODEN, MICKELSEN, HELMS & SNIPES, LLP 2600 State Street Dallas, Tx 75204 Tel: (469) 951-8496 Fax: (214) 720-9594 john@johnhelmslaw.com

ATTORNEYS FOR APPELLEE, DAVID FREDERICK CARY

CERTIFICATE OF CONFERENCE

Undersigned counsel has conferred with Joseph Corcoran, counsel for Appellee, the State of Texas, and the Appellee does not oppose this motion.

____/s/ John M. Helms____________ John M. Helms

Unopposed Motion for Extension of Time--Page 2

CERTIFICATE OF SERVICE

This certifies that a true and correct copy of this instrument has been served on counsel of record on Sepbember 16, 2015, as follows:

Joseph Corcoran Assistant Attorney General P.O. Box 12548 Capitol Station Austin, TX 78711 * DELIVERED VIA E-MAIL * ____/s/ John M. Helms____________ John M. Helms

Unopposed Motion for Extension of Time--Page 3