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Cervantes v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 8, 2024
No. 05-22-01334-CR (Tex. App. Feb. 8, 2024)

Opinion

05-22-01334-CR 05-22-01350-CR

02-08-2024

RODOLFO CERVANTES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F03-24822, F03-24830-M

ORDER

DENNISE GARCIA, JUSTICE

Appellant's brief is overdue. Appellant's brief was originally due May 7, 2023. We abated these appeals on November 10, 2023, for the trial court to make findings concerning appellate counsel Kristen R. Brown's failure to file appellant's brief. On November 29, 2023, the trial court found counsel's failure was not intentional but was due to personal and extenuating circumstances, and the trial court recommended granting Ms. Brown an additional sixty days to file the brief. We accepted the trial court's findings and ordered Ms. Brown to file the brief on or before February 1, 2024. As of the date of this order, appellant's brief has not been filed.

Appellant's brief is now more than nine months overdue. We ORDER Kristen R. Brown to file appellant's brief on or before FEBRUARY 20, 2023. If appellant's brief and motion for extension are not filed by that date, this appeal may be abated for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8, or the Court may invoke such other procedures as may be necessary to insure filing of appellant's brief. See Tex. R. App. P. 38.8(b)(2).


Summaries of

Cervantes v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 8, 2024
No. 05-22-01334-CR (Tex. App. Feb. 8, 2024)
Case details for

Cervantes v. State

Case Details

Full title:RODOLFO CERVANTES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 8, 2024

Citations

No. 05-22-01334-CR (Tex. App. Feb. 8, 2024)