Opinion
No. 04-17-00149-CR
10-09-2017
Jimmy Wayne COOK, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR4105
Honorable Sid L. Harle, Judge Presiding
ORDER
Appellant's brief was first due on August 2, 2017. See TEX. R. APP. P. 38.6(a). We granted Appellant's first motion for an extension of time to file the brief until September 1, 2017, and we granted Appellant's second motion for an extension of time to file the brief until October 2, 2017. In granting the second motion, we warned Appellant as follows:
NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT'S BRIEF WILL BE GRANTED.
Despite this specific warning, Appellant failed to timely file the brief. On October 5, 2017, Appellant filed a third motion for extension of time to file the brief—which he erroneously stated was "Appellant's first request for extension of time."
Appellant's third request for an extension of time to file the brief is GRANTED IN PART. We ORDER Appellant to file the brief not later than October 16, 2017.
If Appellant fails to file the brief as ordered, we will immediately abate this appeal and remand it to the trial court for an abandonment hearing WITHOUT FURTHER NOTICE. See id. R. 38.8(b); Samaniego v. State, 952 S.W.2d 50, 52-53 (Tex. App.—San Antonio 1997, no pet.). We will order the trial court to ensure that Appellant's counsel personally appears at the hearing. See TEX. R. APP. P. 38.8(b)(3).
We remind Appellant's counsel that, to protect Appellant's rights, this court may "initiat[e] contempt proceedings against [A]ppellant's counsel." See id. R. 38.8(b)(4).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court