Opinion
13-21-00282-CR
04-19-2023
FIDENCIO CASTILLO COSME, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b)
On appeal from the 370th District Court of Hidalgo County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER
PER CURIAM
This cause is before the Court on appellant's fifth motion for extension of time to file the brief and his motion to view items of evidence currently in our possession. Appellant's brief was originally due on November 18, 2022. We have granted four previous extensions in this case, which cumulatively extended the deadline to file appellant's brief to April 17, 2023. In total, we have granted appellant 150 extra days to file his brief.
The Court, having fully examined and considered appellant's fifth motion for extension of time to file the brief and the extensions previously granted in this cause, is of the opinion that appellant's fifth motion for extension of time should be granted by order. The Court looks strongly with disfavor upon the delay caused by counsel's failure to have filed a brief in this matter. Further motions for extension of time WILL NOT BE GRANTED absent NEW AND EXIGENT circumstances.
Appellant's fifth motion for extension of time to file the brief is hereby granted. IT IS THEREFORE ORDERED that the Honorable Noel Gonzalez, counsel for appellant, file the appellate brief with this Court on or before 5:00 p.m. on Thursday, April 27, 2023. If counsel fails to file the brief within this period of time, the Court will act appropriately to ensure that appellant's rights are protected. Tex.R.App.P. 38.8(b)(4) ("Based on the trial court's record, the appellate court may act appropriately to ensure that the appellant's rights are protected, including initating contempt proceedings against appellant's counsel."). The failure to comply with this order will result in referral to the Court for further proceedings.
By virtue of this order, we also hereby grant appellant's motion to view items of evidence currently in our possession. As a one-time courtesy, the Clerk of the Court has sent a copy of the original CD-ROM containing the exhibits requested directly to the office of counsel for appellant.