Opinion
01-22-00804-CR 01-22-00805-CR
08-01-2023
Bayron Rivera v. The State of Texas
Trial court: 337th District Court of Harris County Nos. 1638093 & 1638094
ORDER
April Farris, Judge
Appellant, Bayron Rivera, timely filed notices of appeal from the trial court's October 12, 2022 judgments in the two underlying causes. Appellant's brief in each appellate case number was initially due to be filed by April 19, 2023. See Tex. R. App. P. 38.6(a).
On April 19, 2023, appellant's court-appointed counsel filed a motion for extension of time to file an appellant's brief. The motion was granted by the Court, extending the deadline for filing appellant's brief to May 19, 2023 in each appellate case number. On May 19, 2023, appellant's court-appointed counsel filed a second motion for extension of time to file an appellant's brief. Appellant's second motion for extension was granted by the Court and the deadline for filing appellant's brief was extended to June 19, 2023 in each appellate case number.
On June 20, 2023, appellant's court-appointed counsel filed a third motion for extension of time to file an appellant's brief. Appellant's third motion was granted by the Court and the deadline for filing appellant's brief was extended to July 18, 2023 in each appellate case number. The Court further notified appellant that the failure to file a brief by the extended deadline may result in the appeal being abated for the trial court to hold a hearing to determine the reason for failure to file a brief. Despite the Court's notice, no brief was filed by the extended deadline. Instead, on July 18, 2023, appellant's court-appointed counsel filed a fourth motion to extend time to file appellant's brief in each appellate case number.
In the motion, appellant's court-appointed counsel requests that the deadline be extended an additional thirty days, to August 18, 2023. Counsel states that the extension is necessary due to her caseload and because counsel has been on medical leave following a surgery.
Appellant's fourth motion for extension of time to file a brief in each appellate case number is granted. Appellant's brief in each appellate case number is due to be filed on or before August 18, 2023. No further extensions will be considered by the Court.
Failure to file a brief by August 18, 2023 will result in the appeal being abated for the trial court to hold a hearing to make findings regarding the reason for the failure to timely file a brief, to determine if counsel has abandoned the appeal, and if so, whether new counsel should be appointed to represent appellant in his appeal.
It is so ORDERED.