Opinion
13-23-00261-CR
03-28-2024
LUCIANO GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 117TH DISTRICT COURT OF NUECES COUNTY, TEXAS
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER
PER CURIAM
This cause is before the Court on appellant's third motion for extension of time to file appellant's brief. Appellant's brief was originally due on October 23, 2023. After two previous extensions, appellant's brief was due to be filed on January 8, 2024. On February 12, 2024, we abated the matter and remanded the cause to the trial court to determine whether the appeal has been abandoned. The trial court issued findings that the appeal has not been abandoned and that appellant's counsel would exercise diligent efforts to file a brief on appellant's behalf by March 1, 2024. Appellant's counsel has failed to file the brief as indicated in the trial court's findings.
The Court, having fully considered appellant's current motion for extension of time to file the brief and motions for extension of time to file the brief previously granted in this case, is of the opinion that, in the interest of justice, appellant's third motion for extension of time to file the brief should be granted with order. The Court looks with disfavor upon the delay caused by appellant's counsel in filing the brief.
Accordingly, appellant's third motion for extension of time to file the brief is hereby granted. IT IS THEREFORE ORDERED that the Honorable Coretta Graham, counsel for appellant, file appellant's brief with this Court on or before 5:00 p.m. on April 2, 2024. FAILURE TO FILE THE BRIEF AS ORDERED WILL RESULT IN A SHOW CAUSE HEARING.