Opinion
08-23-00022-CR
03-14-2024
DAVID ANTHONY CHAPA, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 38th Judicial District Court of Real County, Texas (TC#2017-1288-DR)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
This appeal was transferred from the Fourth Court of Appeals on January 20, 2023. Since then, the case has been abated twice because Appellant did not file a brief. During the second abatement, Appellant submitted his brief on October 24, 2023, making the State's deadline to submit its brief November 27th. The State did not submit a brief. Instead, sixteen days after the deadline on December 13, 2023, the State requested an extension of ninety days to submit its brief. This Court granted a sixty day extension from the date of the request, making the State's deadline February 17, 2024.
The Court notes that thirty (30) days from October 24, 2023 is November 23, 2023, which was a legal holiday. Accordingly, pursuant to Rule 4 of the Texas Rules of Civil Procedure, the brief in this cause became due on November 27, 2023, the next business day following the holiday. TEX. R. CIV. P. 4 (controlling computation of time).
When the State did not submit a brief, this Court sent a letter on February 29, 2024 providing the State with notice that the case would be set for submission on the record and Appellant's brief "unless the State's brief and a motion to extend the time to file the same" was received by March 10, 2024. The State did not file its brief and motion, and this Court set the case for submission on the briefs.
On March 12, 2024, the State filed a motion for extension of time requesting an additional ninety days to prepare and file its brief. The motion is DENIED. The case will be decided on the record and Appellant's brief as stated in our February 29, 2024 notice, unless before issuance of the Court's decision, the State files its brief concurrently with a motion for extension of time.
IT IS SO ORDERED.