Opinion
NUMBER 13-15-00297-CR
07-28-2016
DANIEL GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court of Nueces County, Texas.
ORDER TO FILE BRIEF
Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam
This cause is before the Court on "Appellant's Motion to Begin Timetables Anew upon Substitution of Appellate Counsel." On May 2, 2016, appellant's counsel, Steve Schiwetz, filed an amended brief. Subsequently, Schiwetz filed motion to abate for a determination as to whether a conflict of interest was waived. This Court abated the case and remanded the issue to the trial court. The trial court found the conflict of interest was not waived, granted Schiwetz' motion to withdraw, and appointed new counsel, Larry Warner. In counsel's motion before this Court, Warner states this cause is not ready for submission until such time as he has had an opportunity to review both the clerk's record and reporter's record and to submit an initial and perhaps a reply brief. Counsel is requesting an extension of 120 days to file the brief.
The Court, having fully examined and considered appellant's motion, GRANTS appellant's motion to restart the briefing schedule and GRANTS IN PART and DENIES IN PART appellant's motion for extension of time to file the brief. This motion is GRANTED insofar as the Court will extend appellant's deadline to file his brief until October 10, 2016. This motion is DENIED insofar as the Court will not allow an extension until December 9, 2016. Further motions for extension of time will not be favorably entertained.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 28th day of July, 2016.