Opinion
13-22-00297-CR
02-07-2024
GABRIEL KEITH ESCALANTE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 92nd District Court of Hidalgo County, Texas.
Before Contreras Chief Justice and Benavides and Tijerina, Justices
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on appellant's seventh, eighth, ninth, and tenth motions for extension of time to file appellant's brief. Appellant's brief was originally due on April 27, 2023. After six previous extensions, the Clerk of the Court notified appellant's counsel that the brief was due on or before January 11, 2024; appellant's counsel was further notified that no further extensions would be granted by the Court absent exigent circumstances. After filing several new motions for extension of time, but before filing the tenth motion for extension of time, on February 2, 2024, appellant's counsel filed a brief that appeared to be incomplete and that was otherwise not in compliance with the Texas Rules of Appellate Procedure. In the tenth motion for extension of time, appellant's counsel indicates a complete brief will be filed before February 6, 2024. Appellant has now failed to file the brief as indicated and has failed to present new and exigent circumstances in any of the pending motions.
Therefore, the Court, having fully considered appellant's current pending motions, extensions previously granted in this case, and the extensive amount of time to initially complete the record, is of the opinion that for good cause, and in the interest of justice, this matter should be abated and appellant's pending motions for extension of time to file the brief should all be granted with order. Accordingly, appellant's seventh, eighth, ninth, and tenth motion for extension of time to file appellant's brief are hereby granted.
IT IS THEREFORE ORDERED that this cause be abated and the Honorable Victoria Guerra, counsel for appellant, file an appellant's brief that substantially complies with the Texas Rules of Appellate Procedure with this Court on or before 5:00 p.m. on February 9, 2024. If the Honorable Victoria Guerra fails to file a complete appellate brief with this Court on or before 5:00 p.m. on February 9, 2024, then the Honorable Victoria Guerra will be ordered to appear in person at a time and place to be determined, to show cause why she should not be held in contempt of court.
FURTHER MOTION FOR EXTENSION OF TIME WILL NOT BE VIEWED FAVORABLY AND FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN A SHOW CAUSE HEARING.