Gary James Cox v. State ( 2015 )

ACCEPTED
01-15-00220-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/8/2015 10:00:36 AM
CHRISTOPHER PRINE
CLERK
NO.Ol-15-00220-CR
GARY JAMES COX, IN THE COURT OF APPEALS
FILED IN
APPELLANT 1st COURT OF APPEALS
HOUSTON, TEXAS
9/8/2015 10:00:36 AM
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 AGGRAVATED SEXUAL ASSAULT OF A
CHILD WITH ENHANCEMENT, and was sentenced on 2/4/2015. The trial
case was styled as State of Texas v. Gary James Cox, in the 12200 Judicial District
Court of Galveston County, Texas, Cause No. 13-CR-0183. 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 requests an extension to file its brief on or before 11/8/2015.
5. The State requests this extension not for delay but because during the last seventy-
five days, the undersigned attorney for the State:
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• Completed a State's response brief in lJunar Hunter v. State, 01-14-
00895-CR, on 7/7/2015.
• Completed a State's response brief on Writ of Mandamus in In Re
Antonio Sepeda, 14-15-00288-CV, on 8/13/2015.
• Attended a CLE on 7/9/2015.
• Attended a TDCAA Legislative update on 8/20/2015.
• Handled 72 expunctions and nondisclosures, and
misidentification expunctions.
• Completed 2 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-0362-83-3 (Keith Sf.
Aubin).
6. The State will also file its motion for rehearing and motion for reconsideration
en banc in Villcmt Zahorik v. State, 14-13-00763-CR, due on September 9,
2015.
7. The State must also complete its response brief to AllthOl!} Brac!ford v. State, 14-
15-00201-CR & 14-15-00202-CR, due on September 21, 2015.
8. The State must also complete its response brief in Ralph Garcia v. State, 01-14-
00954-CR due on September 24, 2015.
9. The State must also complete its response brief to Robert Rollins v. State, 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 November 8,
2015.
Respectfully submitted,
JACK ROADY
CRIMINAL DISTRICT ATTORNEY
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. STON COUNTY, TEXAS
As . t Criminal District Attorney
o59 Street, Suite 1001
th
Galveston County, Texas 77551
TeL(409)766-2355, fax (409)766-2290
State Bar Number: 24062850
allison.lindblade@co.gaIveston.rx.us
CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the Stat certifies this brief is computer generated,
and consists of 352 words.
INDBLADE
Assi t Criminal District Attorney
Galveston 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 B ett, Attorney for Appellant, at
joel@searsandbennetr.com or 1100 Nasa Park ·re 302, Houston, TX 77058, on
September 8, 2015.
ssistant Criminal District Attorney
Galveston County, Texas
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AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on September 8, 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 information contained ther' is true and correct."
'''' •. " . JE
``~riminal District Attorney
on County, Texas
SWORN TO AND SUBSCRIBED before me on September 8, 2015.
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NOTARY PUBLIC in and for
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