Opinion
04-22-00725-CV
11-10-2022
David Gene BECKA, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR1257 Honorable Andrew Wyatt Carruthers, Judge Presiding
ORDER
Patricia O. Alvarez, Justice.
In our November 8, 2022 order, we advised Appellant that his notice of appeal was late, but it was filed within fifteen days after the notice was due. See Tex. R. App. P. 26.3. We implied a motion for extension of time, see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997), and we ordered Appellant to file a motion for extension of time that reasonably explains the need for an extension. See Tex. R. App. P. 26.3 (citing Tex.R.App.P. 10.5(b)); In re E.K.C., 486 S.W.3d 614, 616 (Tex. App.-San Antonio 2016, no pet).
Appellant timely filed a response. Appellant's motion for extension of time to file the notice of appeal is GRANTED; the notice is deemed timely filed. See Tex. R. App. P. 26.3; Garcia v. Kastner Farms, Inc., 7 74 S.W.2d 668, 670 (Tex. 1989).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of November, 2022.