Opinion
13-22-00310-CR
06-07-2023
MARCOS CAVAZOS JR., Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 319th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Silva and Peña
ORDER TO FILE APPELLANT'S BRIEF
PER CURIAM
This cause is before the Court upon its own motion. Appellant's brief was originally due on October 20, 2022. After three extensions, appellant's brief was due to be filed on January 18, 2023. On February 24, 2023, we abated the case and remanded the matter to the trial court to make findings whether appellant and/or appellant's counsel had abandoned the appeal in addition to other related findings.
On April 17, 2023, we received a supplemental clerk's record containing findings that the appeal had not been abandoned by either appellant or appellant's counsel, that for good cause appellant's counsel had been unable to file a timely brief, and that appellant has not been denied effective assistance of counsel. Furthermore, the trial court found that appellant's counsel agreed to make diligent efforts to prepare and file an appellate brief and to request the necessary extension of time from the appellate court.
To date, appellant's counsel has not filed an appellate brief nor sought extension to do so. The Court looks with disfavor upon the delay caused by appellant counsel's failure to timely file a brief in this matter. However, having fully examined the supplemental clerk's record and considered appellant's motions for extension of time to file the brief previously granted in this case, we are of the opinion that, in the interest of justice, appellant should be granted an additional extension of time to file a brief in this matter.
Accordingly, this matter is reinstated and the Court sua sponte grants an extension of time to file the brief by order. IT IS THEREFORE ORDERED that the Honorable Gabriella S. Canales, counsel for appellant, file the appellate brief with this Court on or before 5:00 p.m. on July 07, 2023.