Opinion
04-22-00435-CR
08-08-2023
Eric WILLRICH, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR11728A Honorable Frank J. Castro, Judge Presiding
ORDER
PER CURIAM
On August 4, 2023, the State filed an letter requesting 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 case 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, 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.