Opinion
04-22-00458-CR
05-09-2023
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. On February 13, 2023, we ordered appellant's counsel to file the brief by February 23, 2023. We cautioned that if the brief was not filed by the date ordered, we would 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).
On February 21, 2023, the appellant filed a motion asking us to abate the appeal because the trial court had not filed written findings and conclusions. See State v. Cullen, 195 S.W.3d 696, 699 (Tex. 2006). We granted appellant's motion, abated the appeal, and ordered the trial court to prepare written findings of fact and conclusions of law. On May 4, 2023, the district clerk filed a supplemental clerk's record containing the trial court's written findings of fact and conclusions of law. We therefore REINSTATE this appeal to our active docket.
Appellant's brief is now due. We ORDER appellant's counsel to file the brief by June 8, 2023. No further requests for extension of time will be considered. 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).