Opinion
04-23-00079-CR
07-11-2024
Alfredo MONTEJANO, Appellant v. The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR5078 Honorable Ron Rangel, Judge Presiding
ORDER
Lori Massey Brissette, Justice.
On April 10, 2024, after Appellant's original court-appointed counsel filed an Anders brief, we abated this appeal, granted counsel's motion to withdraw, remanded the cause for the trial court to appoint new appellate counsel, and set Appellant's brief due thirty days after new counsel was appointed.
On April 25, 2024, we received a sealed supplemental clerk's record showing that Jaime Aldape was appointed as counsel effective April 11, 2024. Accordingly, Appellant's brief was due on May 13, 2024.
On May 16, 2024, after no brief or motion was filed, we advised counsel that the brief was late. We asked him to file the brief or a motion for an extension of time to file the brief.
The next day, counsel filed an unopposed motion for a sixty-day extension of time to file the brief. We granted the motion, and we set the brief due on July 12, 2024.
On July 8, 2024, counsel filed an unopposed second motion for a sixty-day extension of time to file the brief.
Appellant's motion is GRANTED IN PART. We ORDER Mr. Jaime Aldape to file the brief not later than August 12, 2024. See Tex. R. App. P. 38.6(d).
No further extensions of time to file Appellant's brief will be granted absent extraordinary circumstances. Heavy trial and appellate caseloads, without more, are not extraordinary circumstances. See McIlhargey v. Hager, No. 13-21-00288-CV, 2022 WL 1251061, at *3 (Tex. App.-Corpus Christi-Edinburg Apr. 28, 2022, pet. denied) (mem. op.); Hubbard v. State, 649 S.W.2d 167, 169 (Tex. App.-Dallas 1983, no pet.).
If counsel fails to file the brief as ordered, we will abate this appeal and remand the cause to the trial court for an abandonment hearing. See Tex. R. App. P. 38.8(b)(2), (3); Samaniego v. State, 952 S.W.2d 50, 52-53 (Tex. App.-San Antonio 1997, no pet.).