ACCEPTED 08-21-00069-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 1/14/2022 8:46 AM 08-21-00069-CR ELIZABETH G. FLORES CLERK NO. 08-21-00069-CR GARY LEE ATTERBERRY, IN THE COURT FILEDOF IN APPEALS APPELLANT § 8th COURT OF APPEALS EL PASO, TEXAS 1/14/2022 8:46:29 AM V. § EIGHTH SUPREME ELIZABETH G. FLORES JUDICIAL Clerk DISTRICT THE STATE OF TEXAS, § EL PASO, TX APPELLEE 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 Capital Murder and was sentenced on 3/25/2021.

The trial case is styled as State of Texas v. Gary Lee Atterberry, in the 122nd Judicial District Court of Galveston County, Texas, Cause No. 13-CR-2852. Appellant filed a timely notice of appeal. The Appellant’s brief was filed with this Court on 10/19/2021.

2. The present due date for filing the State’s brief is 1/17/2022.

3. This is the State's third motion for extension of time to file its brief.

4. The State requests an extension to file its brief on or before 2/17/2022.

5. The State requests this extension not for delay but because during the last sixty days, the undersigned attorney for the State:  Completed a State’s Response brief in Dexter Lafayett Triplett v. State, 01- 21-00287-CR, filed on 1/10/2022.

 Supervised a State’s Response brief in Patrick Campbell v. State, 01-20- 00494-CR, filed on 1/6/2022.

 Completed a State’s Response brief in Lewis Terrelle Sledge v. State, 05-21- 00280-CR, filed on 11/15/2021.

 Supervised the State’s ongoing investigation and response into several Chapter 64 DNA investigations, including: 03-CR-2869 (James Stewart); 11-CR-2495, 11-CR-2494, 11-CR-2478 (Noah Nava); 09-CR-3730 (Linzale Greer); 06-CR-1249 (Daniel Gray).

 Supervised the State’s ongoing or completed investigation and response to post-conviction habeas corpus writ litigation on the following cases: CV-88967 (Leslie Palomo); 18-CR-1661-83-1 (Michael Wayne Kie); CR- 038590-83-1 (Robin Presley Phillips); 14-CR-2641-83-1 (Thomas Ray Graham); 19-CR-0459-83-1 (Daniel Earl Culp); 18-CR-0670-83-1 (Carnell Dodson); 10-CR-2663-83-2 (Albert Duwayne Beasley); 19-CR- 2186-83-1 (Maria Aguirre); 18-CR-1642-83-1 & 18-CR-1643-83-1 (Henry Batiste); 15-CR-1465-83-3 (Leonard Willis).

 Supervised the State’s response to expunctions and non-disclosures.

 While dockets have not proceeded as they did pre-pandemic until recently, the State has continued to work diligently to ensure all cases are handled fairly. Consequently, litigation support for the trial bureau has continued at a steady pace and beginning to increase as trials are becoming more frequent.

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until February 17, 2022.

Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY, TEXAS /s/ Rebecca Klaren REBECCA KLAREN Assistant Criminal District Attorney 59th Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Number: 24046225 [email protected]

CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State certifies this brief is computer generated, and consists of 373 words. /s/ Rebecca Klaren 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 emailed via eFiling e-service to Tad Nelson, attorney for Appellant, on January 14, 2022.

/s/ Rebecca Klaren REBECCA KLAREN Assistant Criminal District Attorney Galveston County, Texas

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 60822872 Status as of 1/14/2022 9:06 AM MST Associated Case Party: GaryLeeAtterberry Name BarNumber Email TimestampSubmitted Status Tad A. Nelson 14906350 [email protected] 1/14/2022 8:46:29 AM SENT