Opinion
01-23-00339-CR[1]
11-21-2023
Jacob Alvarado v. The State of Texas
212th District Court of Galveston County, Trial court case No. 20CR0997
ORDER
Amparo Monique Guerra, Judge
Appellant, Jacob Alvarado, timely filed a notice of appeal from the trial court's April 5, 2023 judgment in the underlying cause. The appellate record was completed on July 13, 2023, making appellant's brief initially due to be filed by August 14, 2023. See Tex. R. App. P. 38.6(a).
On August 14, 2023, appellant's court-appointed counsel filed a motion for extension of time to file an appellant's brief, stating that "an additional 45 days [would] be sufficient to allow the completion" of appellant's brief. The motion was granted by the Court, extending the deadline for filing appellant's brief to September 28, 2023. No brief was filed by the extended deadline.
Instead, on September 28, 2023, appellant's court-appointed counsel filed a second motion for extension of time to file appellant's brief. In the second motion for extension, counsel again stated that "an additional 45 days [would] be sufficient to allow the completion" of appellant's brief. The second motion for extension was granted by the Court, extending the deadline for filing appellant's brief to November 13, 2023. In the Court's order granting the second motion for extension, appellant was notified that 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(s) for the failure of appellant to timely file a brief.
Despite the Court's notice, no brief was filed by the extended deadline. Instead, on November 13, 2023, appellant's court-appointed counsel filed a third motion for extension of time to file a brief on behalf of appellant. In the motion, appellant's court-appointed counsel requests that the deadline be extended "an additional thirty days."
Appellant's third motion for extension of time to file a brief is granted. Appellant's brief is due to be filed on or before December 13, 2023. No further extensions will be considered by the Court. Failure to file a brief by December 13, 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.