Opinion
No. 04-16-00566-CR
12-14-2016
Ex Parte George RODRIGUEZ, Jr., Appellant
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 14-03-11476-CR
The Honorable Camile G. Dubose, Judge Presiding
ORDER
Appellant filed his brief on October 24, 2016, and the State's brief was due on November 14, 2016. Because the State did not file an appellee's brief or a motion for extension of time, this court issued an order on November 21, 2016 in which we ordered the State to file an appellee's brief, if it desired to do so, and a reasonable explanation for failing to timely file the brief no later than ten days from the date of our order (December 1, 2016). Our order cautioned the State that if no appellee's brief or response was filed within ten days, the appeal would be set for submission without a State's brief. Neither the brief nor a response was filed.
After the appeal came at issue, the State filed a motion on December 9, 2016 asking for an extension of time in which to file its appellee's brief. In the motion, the State does not explain why it failed to respond to our November 21, 2016 order. The State's motion is DENIED and this appeal is submitted without benefit of the State's appellee's brief. It is so ORDERED on December 14, 2016
PER CURIUM ATTESTED TO: /s/_________
Keith E. Hottle
Clerk of Court