Opinion
04-22-00458-CR
02-13-2023
Abel C. ESQUIVEL, Appellant v. The STATE of Texas, Appellee
From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 19-08-0204-CRA Honorable Lynn Ellison, Judge Presiding
ORDER
Beth Watkins, Justice
Appellant's brief was originally due November 18, 2022. We granted appellant's first motion for extension of time, extending the deadline for filing the brief to December 19, 2022. On December 15, 2022, appellant filed a motion requesting an additional extension of time to file the brief until February 17, 2023, for a total extension of ninety days. We granted appellant's second motion for extension of time and ordered him to file his brief by February 17, 2023. In our order, we cautioned appellant, "No further requests for extension of time will be considered absent extraordinary circumstances."
On February 10, 2023, appellant filed a third motion for extension of time, requesting an additional extension of either sixty or thirty days. As support for this request, the motion cites appellant's counsel's trial schedule but does not identify any extraordinary circumstances. We therefore ORDER appellant's attorney to file his brief by February 23, 2023. If the brief is not filed by the date ordered, we will order the appeal abated and remand the cause to the trial court for a hearing to determine whether appellant or appointed counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(b)(2).