Opinion
05-21-01002-CR
06-06-2023
JAY SANDON COOPER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-86065-2019
ORDER
NANCY KENNEDY JUSTICE
Before the Court is appellant's "Motion to Abate; and to Extend Time," filed June 5, 2023. In the motion, appellant contends the trial court's findings of fact and conclusions of law filed in this Court on June 21, 2022, are inadequate, and he requests that the appeal be abated for the trial court to issue additional findings of fact and conclusions of law. Appellant's objections to the trial court's findings of fact and conclusions of law filed June 21, 2022, are DENIED without prejudice to appellant raising in his brief his issues with the trial court's findings of fact and conclusions of law. Appellant's request for abatement of the appeal is DENIED.
The record in this appeal was complete on January 5, 2023, and appellant's brief was originally due Monday, February 6, 2023. See TEX. R. APP. P. 4.1(A). ON FEBRUARY 8, 2023, THIS COURT DIRECTED APPELLANT TO FILE HIS BRIEF WITHIN TEN DAYS; FEBRUARY 18, 2023, WAS A SATURDAY, AND MONDAY FEBRUARY 20, 2023, WAS A LEGAL HOLIDAY, SO APPELLANT'S BRIEF WAS DUE FEBRUARY 21, 2023. See TEX. R. APP. P. 4.1(a). On February 21, 2023, appellant filed his "Motion to Extend Time" to file the brief seeking "an extension of time to file his Brief." On March 8, 2023, we granted the motion for extension of time to file the brief and ordered appellant to file his brief by April 7, 2023. On April 7, 2023, appellant filed his "Motion for Order to Clerk; and Motion to Extend Time" seeking supplementation of the clerk's record and an extension of time to file appellant's brief. On May 4, 2023, this Court denied appellant's request for supplementation of the clerk's record, but we granted the request for extension of time to file brief, ordering appellant to file his brief by June 5, 2023. The May 4, 2023 order cautioned appellant: "In view of the extensions granted, the Court is unlikely to grant any further extensions on appellant's brief." On May 8, 2023, appellant filed "Appellant's Request for Ruling on Previously Filed 'Motion for Order to Clerk; and Motion to Extend Time'; and Motion to Extend Time or Reset the Briefing Period." On May 10,
2023, this Court denied the May 8, 2023, motion in part, but we granted the request for extension of time to file the brief, and we ordered appellant to file his brief on or before June 5, 2023. We again cautioned appellant: "In view of the extensions granted, the Court is unlikely to grant any further extensions on appellant's brief." Appellant filed an additional motion regarding the record on May 17, 2023, which this Court denied on May 26, 2023. Our May 26, 2023 order also ordered appellant to file his brief by June 5, 2023 and again cautioned appellant: "In view of the extensions granted, the Court is unlikely to grant any further extensions on appellant's brief."
Appellant failed to file his brief by June 5, 2023. The portion of appellant's June 5, 2023 motion requesting an extension of time to file his brief states:
Motion and Prayer to Extend Time
Appellant requests that time to file his brief be extended 30 days after additional findings are filed to facilitate preparation of his brief to attack findings.
Deadline: Without extension, this Court of Appeals set June 5, 2023, as the due date for Appellant's Brief.
To the best of Appellant's recollection, and based on information and belief, there have been two (2) previous extensions granted related to Appellant's Brief.
Appellant's June 5, 2023 motion does not request an extension of time if this Court denies appellant's request for additional findings of fact and conclusions of law. Because we have denied appellant's request for additional findings of fact and conclusions of law, no motion for extension of time to file the brief is before us.
Appellant has had over five months to prepare his brief since the record was complete, and the time is now four months past the original date the brief was due.
Accordingly, we ORDER appellant to file his brief on or before JUNE 16, 2023. No further extensions will be granted absent extraordinary circumstances. If appellant's brief is not filed by June 16, 2023, the Court will submit this appeal on the record and without appellant's brief. See TEX. R. APP. P. 39.1(4).