Opinion
04-23-00460-CR
08-03-2023
EX PARTE Vicente GERONIMO DE DIOS,
From the County Court, Kinney County, Texas Trial Court No. 14222CR Honorable Susan D. Reed, Judge Presiding
ORDER
PER CURIAM
On July 27, 2023, the State filed an identical letter in this and seventy-one other cases, listed on an Exhibit A to its letter. The State requests that we extend the time to file its brief if past due. It also asserts:
The State respectfully suggests that it would be inappropriate to resolve the listed cases until the Court of Criminal Appeals has finally ruled on the petition in Aparicio [PD-0461-23]. If, however, this is unacceptable to the Court, and it intends to proceed, the State would then adopt, in each of the cases listed on Exhibit "A" attached hereto, the State's brief in [Ex parte] Aparicio, [No. 04-22-00623-CR] as its brief.
Texas Rule of Appellate Procedure 9.7 expressly limits adoption by reference to documents filed "in the same case." Therefore, we do not adopt the State's brief filed in Ex parte Aparicio, No. 04-22-00623-CR. Instead, we ORDER the deadline for the State to file its brief extended until August 11, 2023. If the State wishes to seek a stay or abatement of this appeal, it must file a motion in compliance with Texas Rule of Appellate Procedure 10.
It is so ORDERED.