Opinion
No. 04-15-00595-CR
10-27-2016
David ARROYO, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR8109
Honorable Ray Olivarri, Judge Presiding
ORDER
Appellant's brief was due on June 3, 2016. On June 14, 2016, after no brief or motion for extension of time to file the brief was filed, we ordered Appellant's attorney Andrea Polunsky to file the brief or a motion to dismiss within ten days. On June 17, 2016, counsel filed her first motion for extension of time to file the brief until July 5, 2016, which motion was granted. On July 5, 2016, counsel filed a second motion for extension of time to file the brief until August 4, 2016. In this court's order granting the extension, we warned counsel as follows: "NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT'S BRIEF WILL BE GRANTED."
On August 5, 2016, Andrea Polunsky informed the court that she was having trouble filing the brief but that it would be filed by August 8, 2016. On August 8, 2016, counsel again informed the court she was having trouble filing the brief but she would file the brief by Wednesday, August 10, 2016. On August 12, 2016, counsel advised the court she was almost done with the brief and she would file it by Monday, August 15, 2016. On August 17, 2016, counsel advised this court the brief was being formatted and she would file it soon. On August 19, 2016, counsel filed a third motion for extension of time to file the brief until August 26, 2016, which was granted with the following warning: "NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT'S BRIEF WILL BE GRANTED."
On August 31, 2016, Andrea Polunsky filed a fourth motion for extension of time to file the brief until September 2, 2016. Counsel's fourth motion is pending in this court. On September 9, 2016, counsel informed this court she would file the brief on that day—September 9, 2016. After no brief was filed, we abated the cause to the trial court for an abandonment hearing.
The trial court held a hearing on October 13, 2016, and found, based on Andrea Polunsky's statement, that counsel would file the brief on Monday, October 17, 2016. As of this date, the brief has not been filed.
We REINSTATE this appeal and the appellate timetable.
We ORDER Andrea Polunsky to file Appellant's brief within TEN DAYS of the date of this order.
If Andrea Polunsky fails to file Appellant's brief as ordered, this court will issue a show cause order directing Andrea Polunsky to appear on a day certain and show cause why she should not be held in contempt for failing to file Appellant's brief. See TEX. R. APP. P. 38.8(b)(4); see also TEX. GOV'T CODE ANN. § 21.002 (West 2004) (authorizing contemnor punishment up to "a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail"); Matter of Ross, 749 S.W.2d 289, 290 (Tex. App.—Houston [14th Dist.] 1988, no pet.) (holding attorney in contempt for failing to file a brief as ordered).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of October, 2016.
/s/_________
Keith E. Hottle
Clerk of Court