Court of Civil Appeals of Texas, 2015

Garry Fuller v. State

Garry Fuller v. State
Court of Civil Appeals of Texas · Decided December 28, 2015

Garry Fuller v. State

Opinion

ACCEPTED 01-14-00796-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 3:16:18 PM CHRISTOPHER PRINE CLERK Nos. 01-14-00796-CR & 01-14-00797-CR In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 12/28/2015 3:16:18 PM First District of Texas CHRISTOPHER A. PRINE Clerk At Houston  Nos. 1379141 & 1413756 In the 338th District Court Of Harris County, Texas  GARRY FULLER Appellant V. THE STATE OF TEXAS Appellee  STATE’S SECOND MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLATE BRIEF  TO THE HONORABLE COURT OF APPEALS: THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves for an extension of time within which to file its appellate brief. In support of its motion, the State submits the following: 1. In cause number 1379141, appellant was convicted for the offense of sexual assault of a child and sentenced to life confinement. In cause number 1413756, appellant was convicted for the offense of sexual assault of a child and sentenced to life confinement.

2. Appellant filed written notice of appeal on September 18, 2014.

3. Appellant filed his brief on October 16, 2015.

4. The State’s reply brief is due on December 16, 2015.

5. The State seeks an extension until December 28, 2015, to file its brief.

6. This is the State’s second request for an extension in this case.

7. The State’s brief was efiled today.

8. The following facts are relied upon to show good cause for the requested extension: My completion of this brief was delayed by my completion of three other appellate briefs during the past month.

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted, /s/ Dan McCrory DAN MCCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1901 (713) 274-5826 TBC No. 13489950 [email protected] CERTIFICATE OF SERVICE This is to certify that I requested that a copy of this document be served on appellant’s lawyer via TexFile at the following email address: Mark W. Bennett Attorney at Law [email protected]

/s/ Dan McCrory DAN MCCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1901 (713) 274-5826 TBC No. 13489950 Date: December 28, 2015

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