*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/1/2015 10:33:29 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00303-CR

FIRST COURT OF APPEALS HOUSTON, TEXAS 10/1/2015 10:33:29 AM CHRISTOPHER PRINE CLERK NO.Ol-1S-00303-CR GARY LAVERN WYMORE AKA IN THE COURT OF APPEALS

CALVIN JOE MCCOLLOM,

APPELLANT

FIRST SUPREME JUDICIAL v. DISTRICT

THE STATE OF TEXAS, HOUSTON, TEXAS

APPELLEE MOTION FOR EXTENSION OF TIME TO

FI!.E 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.s(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 DRIVING WHILE INTOXICATED 3'd OR

MORE, and was sentenced on February 26, 2015. The trial case was styled as State of Texas II. Gary Lallem Wymore AKA Calvin Joe McCollom, in the 40s,h Judicial

District Court of Galveston County, Texas, Cause No. 14-CR-1334. Appellant

filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 9/1/2015. 2. The present due date for filing the State's brief is 10/1/2015.

3. The State has attempted to get a copy of the Reporter's Record from the District

Clerk's Office, but it is not available. 4. This is the State's first motion for extension of time to file its brief.

5. The State requests an extension to file its brief on or before 12/1/2015.

6. The State requests this extension not for delay but because during the last thirty

days, the undersigned attorney for the State:

• Completed a reply brief on a lengthy trial in Hmry Tobar v. State, 14-15-

00011-CR& 14-15-00012-CRon 9/29/2015. • Is solely responsible for all Post-Conviction Writs of Habeas Corpus for

Galveston County and completed 4 post-conviction writ answers on case numbers: ll-CR-1752-83-2 (Sheroll Ternl!]; 91-CR-0155-83-7 (Thomas W~'le

Floreflce); 14-CR-1504-83-1 (Cecil Gme Walke!); 12-CR-2766-83-1 (Wilford

Petersofl). 7. The State must also complete its response brief to Jose Pablo Lopez v. State, 01-15-

00055-CR, due on 11/2/2015. WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this

Court of Appeals extend the time to file the State's brief until December 1,2015.

Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS lsI Rebecca Kiaml Assistant Criminal District Attorney 600 59'" Street, Suite 1001 Galveston County, Texas 77551 TeI.(409)766-2355, fax (409)766-2290 State Bar Number: 24046225 rcbccca.khrcn@co.glllvcston.a.us

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

and consists of 294 words.

lsI &becca KJamr REBECCA KLAREN Assistant 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 Joseph Kyle Verret, Attorney for Appellant,

at kyle@vcrrctlaw.com, on October 1, 2015.

Is I Rebecca Klarell Assistant Criminal District Attorney Galveston County, Texas

AFFIDAVIT THE STATE OF TEXAS

COUNTY OF GALVESTON

Before me, the undersigned authority, on October 1, 2015, appeared Rebecca Klaren, who by me duly sworn did depose and state on oath the following:

"I, Rebecca Klaren, 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 therein is true and correct."

Assistant Criminal District Attorney Galveston County, Texas SWORN TO AND SUBSCRIBED before me on October 1, 2015.

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