Opinion
01-23-00743-CR
03-28-2024
Zaeveion Zuiquae Denson v. The State of Texas
Trial court: 78th District Court of Wichita County Trial court case number: DC78-CR2020-0388
ORDER
PETER KELLY JUDGE
Appellant's brief was originally due on November 16, 2023. Appellant's appointed counsel filed a motion for extension of time to file the brief, requesting a 30-day extension based on counsel's involvement with three trials. The Court granted the motion extending the deadline until January 2, 2024. Counsel filed a second motion for extension on January 2, 2024, requesting an additional extension of 30 days, again based on counsel's other cases and trials. The Court granted this second motion, extending the deadline for filing the brief until February 1, 2024, but noting that no further extensions would be granted. On February 1, 2024, appellant's counsel filed a third motion for extension asking for a 30-day extension. For the first time, counsel stated that the reporter's record is missing a hearing held on November 8, 2024 on appellant's Second Amended Motion to Declare Texas Penal Code Section 12.31(A)(1) Unconstitutional. Counsel stated that he had contacted trial counsel about the need for the reporter's record and had consulted with the State who agreed to another extension and to attempt to obtain expedited supplementation of the record.
Because the Court has previously stated that no further extensions will be granted, the motion for extension is denied. However, because appellant requests supplementation of the record to assist in drafting the brief, the Court orders the supplemental reporter's record to be filed within 30 days of the date of this order. Appellant's brief shall be filed within 30 days of the date the supplemental record is filed.
It is so ORDERED.