Opinion
No. 04-13-00029-CR
2013-09-24
Horacio Fidencio BENAVIDEZ, Appellant v. The STATE of Texas, Appellee
From the 218th Judicial District Court, Frio County, Texas
Trial Court No. 10-11-00132-CRF
Honorable Stella Saxon, Judge Presiding
ORDER
The State has filed a motion to extend time to file its brief, believing its brief was due September, 20, 2013. The State is incorrect. On August 21, 2013, appellant's appointed counsel filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). Accordingly, on August 28, 2013, this court issued an order in which we ordered the pro se appellant to file a brief, if he desired, on or before October 14, 2013. We advised the State that in the event the pro se filed a brief, it could file a responsive brief no later than thirty days after the pro se brief is filed. We further advised the State that if the pro se did not file a brief, the State could file a response brief no later than thirty days after the pro se brief was due. Therefore, based on this court's order, the State's brief is not due. Accordingly, we DENY the State's motion as MOOT.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of September, 2013.
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Keith E. Hottle
Clerk of Court