Opinion
01-23-00020-CR
10-12-2023
Ron Leroy Burchfield v. The State of Texas
506th District Court of Grimes County Trial court case numbers: 18891
ORDER
Amparo Guerra Judge.
Appellant, Ron Leroy Burchfield, timely filed a notice of appeal from the trial court's January 5, 2023 judgment in the underlying cause. The appellate record was completed on May 17, 2023, making appellant's brief initially due to be filed by June 16, 2023. See Tex. R. App. P. 38.6(a).
On June 26, 2023, appellant's court-appointed counsel filed a motion for extension of time to file an appellant's brief. The motion was granted by the Court, extending the deadline for filing appellant's brief to August 16, 2023. No brief was filed by the extended deadline.
However, on August 24, 2023, appellant's court-appointed counsel filed a second motion for extension of time to file appellant's brief. The second motion for extension was granted by the Court, extending the deadline for filing appellant's brief to September 25, 2023. In the Court's order granting the second motion for extension, appellant was notified that failure to file a brief by the extended deadline may result in the appeal being abated for the trial court to hold a hearing to determine the reason(s) for the failure of appellant to timely file a brief.
Despite the Court's notice, no brief was filed by the extended deadline. Instead, on October 9, 2023, appellant's court-appointed counsel filed a third motion for extension of time to file a brief on behalf of appellant. In the motion, appellant's court-appointed counsel requests that the deadline be extended to October 16, 2023. Counsel has provided good cause for the requested extension.
Appellant's third motion for extension of time to file a brief is granted. Appellant's brief is due to be filed on or before October 16, 2023. No further extensions will be considered by the Court. Failure to file a brief by October 16, 2023 will result in the appeal being abated for the trial court to hold a hearing to make findings regarding the reason for the failure to timely file a brief, to determine if counsel has abandoned the appeal, and if so, whether new counsel should be appointed to represent appellant in his appeal.
It is so ORDERED.