Case Information
*1 PD-0445-15 FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 10/27/2015 1:59:16 PM Accepted 10/27/2015 2:21:49 PM October 27, 2015 ABEL ACOSTA No. PD-0445-15 CLERK ABEL ACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS
OF TEXAS THE STATE OF TEXAS, Appellant, v.
DAVID FREDERICK CARY, Appellee.
On Appeal from the Court of Appeals, Fifth District of Texas at Dallas
Court of Appeals No. 05-13-01010-CR STATE'S UNOPPOSED MOTION FOR LEAVE
TO FILE A REPLY BRIEF KEN PAXTON
Attorney General of Texas
Supervising Attorney for Non-Capital Appeals CHARLES E. ROY Criminal Appeals Division First Assistant Attorney General
State Bar No. 00793549 Joseph.Corcoran@TexasAttorneyGeneral.gov EDWARD L. MARSHALL Chief, Criminal Appeals Division
P. O. Box 12548, Capitol Station Austin, Texas 78711 ADRIENNE McFARLAND Telephone: (512) 936-1400 Deputy Attorney General Facsimile: (512) 936-1280 for Criminal Justice ATTORNEYS FOR THE STATE
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
Pursuant to Rule 70.4 of the Texas Rules of Appellate Procedure, the State respectfully requests leave to file its State's Reply Brief, which was previously submitted on October 26, 2015. The State requests such leave in order to address arguments raised in Appellee's Brief, filed with the Court on October 5, 2015. The undersigned conferred with Appellee's counsel of record on October 27, 2015, who is unopposed to this motion.
WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully requests that the Court grant this, the State's Unopposed Motion for Leave to File a Reply Brief.
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 *3 *Lead Counsel JOSEPH P. CORCORAN*
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 *4 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.
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.
iohn@iohnhelmslaw.com