Opinion
NUMBER 13-16-00389-CR
11-22-2016
JAMES EDWARD EPPERSON, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 277th District Court of Williamson County, Texas.
ORDER TO FILE APPELLATE BRIEF
Before Justices Garza, Perkes, and Longoria
OrderPer Curiam
This appeal was transferred to this Court from the Third Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West, Westlaw through 2015 R.S.) (delineating the jurisdiction of appellate courts); TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.) (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is "good cause" for the transfer). This cause is currently before the Court on appellant's third motion for extension of time to file the brief. The reporter's record was filed on July 5, 2016, and appellant's brief was originally due to be filed thirty days thereafter. See Tex. R. App. P. 38.6(a). This Court has previously granted appellant two extensions of time totaling 120 days to file the brief, and appellant now seeks an additional 45 days, until December 19, 2016, to file the brief.
The Court GRANTS appellant's third motion for extension to file the brief and ORDERS the Honorable Dal Ruggles to file the brief on or before December 19, 2016. The Court looks with disfavor on the delay caused by counsel's failure to timely file a brief in this matter. No further extensions will be granted absent exigent circumstances. If counsel fails to file the brief within the specified period of time, the Court will act appropriately to ensure that appellant's rights are protected. See id. R. 38.8(b)(4).
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 22nd day of November, 2016.