Opinion
14-22-00819-CR
02-26-2024
DAVID HOWARD EDWARDS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 21-CR-1717
Panel consists of Justices Wise, Spain, and Hassan.
ORDER
PER CURIAM.
Appellant is represented by appointed counsel, Marcus J. Flemming. Appellant's brief was originally due April 26, 2023. We have granted a total of 268 days to file appellant's brief until January 19, 2024. When we granted the last extension, we noted that no further extensions would be granted absent exceptional circumstances. No brief was filed by the due date. On January 19, 2024, counsel filed a further motion to extend time to file appellant's brief. Counsel did not allege any exceptional circumstances in the request.
We denied the motion to extend time, directing counsel to file appellant's brief by February 9, 2024. No brief was filed.
We order Marcus J. Flemming to file a brief with the clerk of this court on or before March 4, 2024. If counsel does not timely file appellant's brief as ordered, we will abate the appeal and direct the trial court to conduct a hearing to determine the reason for counsel's failure to file the brief and to consider appointment of new counsel, sanctions, and any other appropriate relief.