Opinion
04-22-00743-CR
08-04-2023
Sylvia COVARRUBIAS-MONTES, Appellant v. The STATE of Texas, Appellee
From the 365th Judicial District Court, Maverick County, Texas Trial Court No. 20-11-08163-MCRAJA Honorable Amado J. Abascal III, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On June 14, 2023, Appellant filed the appellant's brief that did not comply with Rule 9.4(i)(2)(B) of the Texas Rules Appellate Procedure because it exceeds the 15,000 word limit. Specifically, the certificate of compliance provided by appellant was entitled "Certificate of Non-Compliance with Rule 9.4," explaining the brief was 15,574 words excluding the "caption, identity of the parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of the issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, and certificate of compliance."
Our clerk's office advised appellant of this error by letter dated June 21, 2023 and encouraged appellant to file an amended brief. Appellant responded to our letter by filing "Appellant's Motion for Suspension of Rules" on July 5, 2023. On July 19, 2023, we denied that motion without prejudice to appellant filing an amended brief within ten days of our order.
On August 1, 2023, appellant filed a corrected brief; however, the brief does not comply with Texas Rule of Appellate Procedure 9.4 (i)(1), 9.4(i)(2)(B) or 9.4(i)(3) of the brief formatting rules for electronically filed documents. Rule 9.4(i)(2)(B) provides a brief and response may not exceed 15,000 words if computer-generated. TEX. R. APP. P. 9.4 (I)(2)(B). RULE 9.4 (I)(1) PROVIDES:
In calculating the length of a document, every word and every part of the document, including headings, footnotes, and quotations, must be counted except
the following: caption, identity of parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix.Id. 9.4 (i)(1). Rule 9.4(i)(3) states: "Certificate of Compliance. A computer-generated document that is subject to a word limit under this rule must include a certificate by counsel . . . stating the number of words in the document." Id. 9.4(i)(3).
Appellant's certificate of compliance certifies that the brief contains 13,870 words. However, it adds that the word count excludes two additional sections not identified in Rule 9.4(i)(1): the "caption, identity of the parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of the issues presented, statement of jurisdiction, statement of procedural history, summary of the facts, summary of the arguments, signature, proof of service, certification, and certificate of compliance" (emphasis added).
Accordingly, appellant's brief is stricken, and we order appellant to file an amended brief complying with Rules 9.4 (i)(1), 9.4(i)(2)(B) or 9.4(i)(3) by August 21, 2023.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of August, 2023.