Gary James Cox v. State

Opinion

ACCEPTED 01-15-00221-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/14/2015 4:37:03 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00221-CR, 01-15-00222-CR

GARY JAMES COX, IN THE COURT OF APPEALS FILED IN APPELLANT 1st COURT OF APPEALS HOUSTON, TEXAS 9/14/2015 4:37:03 PM v. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE DISTRICT Clerk

THE STATE OF TEXAS, APPELLEE HOUSTON, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE STATE'S RESPONSE BRIEF

TO THE HONORABLE COURT OF APPEALS:

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 SEX OFFENDER'S FAILURE TO COMPLY, ATTEMPTED SEXUAL PERFORMANCE OF A CHILD, and was sentenced on 2/4/2015. The trial case was styled as State oj Texas v. Gary James Cox, in the 122nd Judicial District Court of Galveston County, Texas, Cause Nos. 13-CR-0184, 14-CR-3561. 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 requested and was granted an extension on the companion case 01-15· 00220-CR to 10/9/2015. The State inadvertendy forgot to request an extension on the two above cases. The State requests the two cases be extended along with the comparuon case. 1 5. The State requests an extension to file its brief on or before 10/9/2015.

6. The State requests this extension not for delay but because during the last seventy- five days, the undersigned attorney for the State:

• Completed a State's response brief in Lamar HI/liter v. Slate, 01-14- 00895-CR, on 7/7/2015.

• Attended a CLE on 7/9/2015 and 9/10/2015.

• Completed a State's response brief on Writ of Mandamus in In Re Alllollio Sepeda, 14-15-00288-CV, on 8/13/2015.

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

• Completed a State's response brief in Ralph Garda v. Slate, 01-14- 00954-CRon 9/11/2015.

• Handled 72 expunctions and nondisclosures, and misidentification expunctions.

• Completed 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-036Z-83-3 (Keith SI. AI/bill).

7. The State must also complete its response brief toA,ltho,!y Bradford v. Siale, 14- 15-00Z01-CR & 14-15-0020Z-CR, due on September Z1, 2015.

8. The State must also complete its response brief to Robert Rollills v. Slale,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 October 9, 2015.

2 Respectfully submitted, JACKRO Y C DISTRICT G NCO

Assistant Criminal District Attorney 600 59 th Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Nwnber: 24062850 a1lison.lindblade@co.ga!vcston.tx.us

CERTIFICATE OF COMPLIANCE

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

and consists of 364 words.

Assis riminal District Attorney eston 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 Bennett, Attorney for Appellant, at

jocl@scarsandbcnnctt.com on September 14, 2 15.

. tant Criminal District Attorney Galveston County, Texas 3 AFFIDAVIT

THE STATE OF TEXAS

COUNTY OF GALVESTON

Before me, the undersigned authority, on September 14, 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 infonnation contained therein is true and correct"

riminal District Attorney veston County, Texas

SWORN TO AND SUBSCRIBED before me on September 14, 2015.

NOTARY PUBLIC in and for the State of Texas