Cary, Stacy Stine

Opinion

PD-1341-14

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 6/11/2015 11:26:07 AM June 15, 2015 Accepted 6/15/2015 7:49:03 AM

No. PD-1341-14

ABEL ACOSTA

CLERK

______________________________

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

______________________________

STACY STINE CARY,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

______________________________

On Appeal from the Court of Appeals, Fifth District of Texas at Dallas Court of Appeals No. 05-12-01421-CR

______________________________

STATE’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE THE STATE’S BRIEF

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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.

Appellant, Stacy Stine Cary, filed her opening brief in this appeal on May 19, 2015, and the State’s brief in response is presently due Thursday, June 18, 2015.

II.

The State hereby requests an extension of twenty-nine days to file its brief, extending the new deadline to Friday, July 17, 2015. This is the State’s first extension request.

III.

As justification for this request, the undersigned attorney was out-of-the-country on a pre-paid vacation from May 20, until May 30, 2015. Moreover, and as additional justification, in the last two weeks the undersigned (as the non-capital appellate supervisor for the Criminal Appeals Division of the Texas Attorney General), was required to review several non-extendible pleadings, due to be filed in both the United

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States Court of Appeals for the Fifth Circuit, and the federal district courts of Texas. This request is not designed to harass Appellant, nor to unnecessarily delay these proceedings, but to ensure that Appellant’s legal arguments are properly addressed.

The undersigned conferred with Appellant’s counsel of record on June 10, 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, July 17, 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