Opinion
08-24-00392-CR
11-08-2024
DUNN EVERETT, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 229th District Court of Duval County, Texas (TC# 21-CRD-16)
Before Alley, C.J., Palafox and Soto, JJ.
CORRECTED ORDER
PER CURIAM
On October 1, 2024, Appellant filed a notice of appeal in the above-styled and numbered cause with the Fourth Court of Appeals, which was then transferred to this Court on October 29, 2024. The notice of appeal is late, but it was filed within fifteen days of the deadline for the notice of appeal to be filed. Tex.R.App.P. 26.3. A late notice of appeal may be amended to cure the defect when the notice of appeal is filed after the time provided by Texas Rule of Appellate Procedure 26.2 but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time. See Harkcom v. State, 484 S.W.3d 432, 434 (Tex. Crim. App. 2016) ("The Rules of Appellate Procedure should be construed reasonably, yet liberally, so that the right to appeal is not lost by imposing requirements not absolutely necessary to effect the purpose of the rule.").
However, an appellant must still provide the Court with a formal motion for an extension containing a reasonable explanation for the late filing before the Court may accept the appeal. Accordingly, Appellant is ORDERED to file a motion for extension of time to file the notice of appeal providing this Court with a reasonable explanation for the late filing. See Tex.R.App.P. 10.5(b)(1)(C); Id. 26.3. The motion is due no later than November 28, 2024. If Appellant fails to comply with this order, the appeal is subject to dismissal without further notice.
IT IS SO ORDERED.