Opinion
04-23-00112-CR
01-22-2024
Jeremy ALDERSON, Appellants v. The STATE of Texas, Appellee
From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2017-05- 13022-CR Honorable Steve Hilbig, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
On June 21, 2023, the trial court appointed Mr. Kyle Ernst to represent appellant in this appeal. We ordered appellant's brief due on or before July 24, 2023. Thereafter, Mr. Ernst filed four motions for extensions of time to file appellant's brief, all of which were granted by this court. We acknowledge that the filing of appellant's brief was complicated by the omission of the relevant hearing from the reporter's record. However, the omitted part of the reporter's record was filed on October 31, 2023, and we ordered appellant's brief due on or before December 1, 2023. However, appellant's brief was still not filed.
On January 5, 2024, the clerk of this court sent Mr. Ernst a late brief notice directing him to file, within ten days, a written response explaining his failure to file appellant's brief. To date, neither the written response nor appellant's brief have been filed.
We, therefore, ORDER Mr. Kyle Ernst to file appellant's brief or an appropriate motion in this court on or before February 6, 2024. If Mr. Ernst does not comply, we will abate this appeal to the trial court for an abandonment hearing. See Tex. R. App. P. 38.8(b)(2).