Opinion
01-22-00912-CR
08-15-2023
Justin Scott Patrick v. The State of Texas
337th District Court of Harris County Trial court case number: 1720177
ORDER
Amparo Guerra Judge
Appellant, Justin Scott Patrick, was convicted of the felony offense of continuous sexual abuse of a child, with his punishment being assessed at confinement for fifty years. Appellant timely filed a notice of appeal of the trial court's judgment.
The appellate record was completed on April 2, 2023. Accordingly, appellant's brief was initially due to be filed on or before May 3, 2023. See Tex. R. App. P. 38.6(a). No brief was filed by the deadline. However, on May 3, 2023, appellant filed his first motion for extension of the deadline to file an appellant's brief. The Court granted appellant's motion, extending the deadline to file his brief to June 2, 2023.
On June 4, 2023, appellant filed a second motion for extension of time to file his appellant's brief. The Court granted appellant's motion, extending the deadline to file his brief to July 5, 2023. Appellant was also notified that no further extensions would be granted absent exceptional circumstances.
Despite the Court's notice, appellant did not file a brief by the extended deadline. However, on July 6, 2023, appellant filed a third motion for an extension to file his appellant's brief. The Court granted appellant's third motion, extending the deadline to file his brief to August 4, 2023. Appellant was further notified that no further extensions would be granted and the failure to file a brief by the extended deadline would result in the appeal being abated and remanded to the trial court to hold a hearing to determine the reason(s) for the failure to file a brief.
Despite the Court's notice, on August 4, 2023, appellant filed a "Fourth Motion for Extension of Time to File Appellant's Brief," requesting that the deadline be extended an additional fourteen days. However, on August 8, 2023, appellant filed his appellant's brief with the Clerk of this Court. Accordingly, appellant's fourth motion for extension of time to file a brief is granted. Appellant's August 8, 2023 appellant's brief is deemed timely filed.
It is so ORDERED.