Cary, Stacy Stine

Opinion

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IN THE ^ COURT OF COURT OF CRIMINAL APPEALS OF TEXAS

No. PD-1341-14

FILED IN

COURT OF CRIMINAL APPEALS

STACY STINE CARY, Appellant May 11 2015 ABEL ACOSTA, CLERK

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

APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF BY FOUR DAYS

Appellant Stacy Stine Cary respectfully moves for an extension of time to file her Appellant's Brief by four (4) days. In support of this motion, she would respectfully show as follows:

1. The deadline for filing the Appellant's Brief is Monday, May 11, 2015.

2. Appellant seeks a four-day extension until Friday, May 15, 2015.

3. An extension is necessary because of appellate counsel's schedule, the complexity of the facts and issues, and the fact that the Fifth Court of Appeals has now issued an opinion in the related case of David Cary v. State of Texas, No. 05-

Unopposed Motion for Extension of Time—Page 1 13-01010-CR. Specifically, in the last two weeks, appellate counsel has had to prepare for/attend multiple contested evidentiary hearings and has a highly contested sentencing in federal court that will involve both fact and expert testimony and out-of-town witnesses. In the David Cary case, the Dallas Court of Appeals reversed the appellant's conviction, and this opinion needs to be addressed in the initial brief. The four-day extension that counsel has requested will also allow enough time for the Appellant and her husband to review the appellant's brief and to give input to counsel concerning the trial record. APPELLEE, THE STATE OF TEXAS, DOES NOT OPPOSE THIS REQUESTED EXTENSION.

4. Ms. Cary previously made an unopposed request for an extension of thirty (30) days, but the Court granted an extension of seventeen (17) days. Ms. Cary will not seek afurther extension oftimefor this appellant's brief ifthis request is granted.

Unopposed Motion for Extension of Time—Page 2

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

ATTORNEY FOR APPELLANT,

STACY STINE 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

CERTIFICATE OF SERVICE

This certifies that a true and correct copy of this instrument has been served on counsel of record on May 11, 2015, as follows:

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

John M. Helms

Unopposed Motion for Extension of Time—Page 3