Opinion
05-21-01002-CR
10-03-2023
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
Before Justices Partida-Kipness, Reichek, and Breedlove
ORDER
MARICELA BREEDLOVE PRESIDING JUSTICE
Before the Court is appellant Jay Sandon Cooper's "Emergency Motion to Vacate Submission Date; and Motion to Extend Time." Appellant's brief was due on June 16, 2023, and this appeal is set for submission on October 3, 2023.
Appellant now requests that this appeal be removed from the October 3, 2023 submissions docket and he seeks an extension of time until October 4, 2023, to file his brief. Acknowledging that this Court ruled on June 6, 2023, that "[n]o further extensions will be granted absent extraordinary circumstances," he argues that on an unspecified date, "years of Appellant's court files" were stolen. The record reflects, however, that appellant requested a duplicate copy of the record on August 12, 2023, and this Court sent the record to appellant on August 14, 2023. In his motion, appellant concedes that he received the copy he requested.
As detailed in this Court's order of June 6, 2023, this Court has granted at least four extensions of time for filing appellant's brief. In that order, we noted that "[a]ppellant 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." The delay has now extended for almost four additional months.
In our June 6, 2023, order, we informed appellant that if his brief was 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). Accordingly, we DENY appellant's motion. Submission of this appeal remains set on October 3, 2023, on the record and without appellant's brief. An opinion will issue in due course.