Opinion
04-23-00777-CR
02-29-2024
Joel David CHAVEZ, Appellant v. The STATE of Texas, Appellee
From the 111th Judicial District Court, Webb County, Texas Trial Court No. 2022-CRA-001335-D2 Honorable Monica Z. Notzon, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
ORDER
PER CURIAM
Appellant's brief was originally due to be filed on December 1, 2023. After we granted three motions for extension of time, the deadline was extended to February 26, 2024. However, to date, the brief has not been filed. Instead, appellant's counsel has filed a fourth motion for extension of time, seeking a fourteen-day extension.
In light of the foregoing, we ORDER that appellant's brief must be filed by March 11, 2024. If appellant's attorney fails to comply with this order, this appeal will be abated to the trial court for an abandonment hearing, and the trial court will be ordered to appoint new appellate counsel to protect appellant's rights, and the trial court will be asked whether sanctions against appellant's attorney are appropriate. See Tex. R. App. P. 38.8(b)(2); Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may abate appeals so that trial court can assure appellant has effective assistance of counsel).
It is so ORDERED