Opinion
No. 10-17-00032-CR
10-18-2017
EX PARTE MICHAEL TING-HUEI KUNG
From the 272nd District Court Brazos County, Texas
Trial Court No. 13-02265-CRF-272-A
ORDER
The State of Texas appealed the trial court's order granting appellee's Application for Writ of Habeas Corpus. Because the application requested a new trial, which was effectively granted by the trial court's order, the appeal is given precedence by this Court. See TEX. CODE CRIM. PROC. ANN. art. 44.01(f) (West 2006). Further, because it is an appeal from an order in a habeas corpus proceeding, the Rules of Appellate Procedure and our local rules abbreviate the time in which to file the record and to file the briefs. TEX. R. APP. P. 31.1; 10TH TEX. APP. (WACO) LOC. R. 14.
The State was given approximately 84 days to file its brief in this appeal. Appellee, represented by two attorneys, has already been given approximately 78 days to file appellee's brief in this appeal. Appellee requests another 24 days to file his brief due to counsels' "routine matters," various court settings, and one personal matter. Being too busy, especially after having been given 78 days already to fit this appeal into counsels' schedules, is not a sufficient expression of the "particularity" of the "grounds on which the motion is based." TEX. R. APP. P. 10.1(a)(2). See Tyree v. State, 342 S.W.3d 808, 809 (Tex. App.—Amarillo 2011, order) ("We no longer want to be told that 'I am too busy with other stuff to do what you want.'").
Accordingly, appellee's third Motion for Extension of Time to File Appellee's Brief is denied. The brief is ordered to be filed no later than October 30, 2017. This gives appellee a total of 97 days to do what the appellate rules and our local rules allocate 20 days in an appeal such as this. See TEX. R. APP. P. 31.1; 10TH TEX. APP. (WACO) LOC. R. 14. If the brief is not timely filed, the Court may abate the appeal for a hearing to determine if appellee is receiving effective assistance of counsel.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Motion denied
Order issued and filed October 18, 2017