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Ex parte Leiva

Court of Appeals of Texas, Fourth District, San Antonio
Mar 22, 2024
No. 04-23-01101-CR (Tex. App. Mar. 22, 2024)

Opinion

04-23-01101-CR

03-22-2024

EX PARTE Elmer Alexander RODRIGUEZ LEIVA


From the County Court, Kinney County, Texas Trial Court No. 13729CR Honorable Susan D. Reed, Judge Presiding

ORDER

IRENE RIOS, JUSTICE

Appellant, Elmer Alexander Rodriguez-Leiva, filed a motion requesting a second extension of time to file his brief and requesting an order directing the trial court clerk "to file a Supplemental Clerk's Record that contains ... all the exhibits Mr. Rodriguez-Leiva filed in support of his habeas application." In support of his motion, Rodriguez-Leiva argues that the clerk's record is missing documents that are necessary to his appeal, that he asked the trial court clerk to file a supplemental clerk's record containing the missing documents, and that the trial court clerk has yet to file a supplemental record with the documents. Rodriguez-Leiva also attached a declaration from counsel in support of the contentions in his motion.

After considering the motion, the court concludes that Rodriguez-Leiva has reasonably explained the need for an extension of time. The court therefore GRANTS Rodriguez-Leiva's second request for an extension of time to file his brief and ORDERS his brief due April 11, 2024. See TEX. R. APP. P. 10.5(b). Further requests for extension of time will be disfavored.

Rodriguez-Leiva has not, however, identified any specific items that were filed in the trial court but do not appear in the clerk's record, and this court is unable to identify any relevant items that have been omitted from the clerk's record. See TEX. R. APP. P. 34.5(c)(1). Accordingly, the court DENIES without prejudice Rodriguez-Leiva's request for an order directing the Kinney County Clerk to file a supplemental clerk's record.


Summaries of

Ex parte Leiva

Court of Appeals of Texas, Fourth District, San Antonio
Mar 22, 2024
No. 04-23-01101-CR (Tex. App. Mar. 22, 2024)
Case details for

Ex parte Leiva

Case Details

Full title:EX PARTE Elmer Alexander RODRIGUEZ LEIVA

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 22, 2024

Citations

No. 04-23-01101-CR (Tex. App. Mar. 22, 2024)