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Gibson v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jul 2, 2024
No. 06-24-00007-CR (Tex. App. Jul. 2, 2024)

Opinion

06-24-00007-CR 06-24-00008-CR06-24-00016-CR

07-02-2024

DONALD ANTHONY GIBSON, JR., Appellant v. THE STATE OF TEXAS, Appellee JOHN DAMIEN LUIS MONTIEL, Appellant v. THE STATE OF TEXAS, Appellee BRIAN ALLEN DALRYMPLE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Court at Law and the 5th District Court Cass County, Texas Trial Court Nos. 2022F00113, 2022F00161 & 2022F00102

Before Stevens, C.J., van Cleef and Rambin, JJ.

ORDER

The appellant's brief in John Damien Luis Montiel v. The State of Texas, cause number 06-24-00008-CR, was originally due April 17, 2024. We extended that briefing deadline twice, on appellant's motions, resulting in a due date of June 7, 2024. We informed counsel when we granted the second extension request that further extensions would not be granted absent extraordinary circumstances. Counsel nonetheless filed a third motion seeking an additional thirty-day extension of the briefing deadline. We denied that motion, informed counsel that appellant's brief was late as required by Rule 38.8 of the Texas Rules of Appellate Procedure and gave him until June 21 to cure the defect. See TEX. R. APP. P. 38.8. On June 21, counsel filed a letter with the Court advising that he would not be able to file the brief by June 21 and stating that he anticipated filing the brief on June 28. Then, on June 28, counsel filed another letter with the Court advising that he would be unable to file the brief on June 28. He further stated, "I will have this brief submitted to the Court by end of business on Tuesday, July 2, 2024." To date, counsel has had 106 days to prepare a brief in this possession of a controlled substance case.

The brief in Brian Allen Dalrymple v. The State of Texas, cause number 06-24-00016-CR, was originally due April 24, 2024. As in Montiel, we extended that deadline twice, on counsel's motions. Also as in Montiel, counsel filed a third motion seeking an additional thirtyday extension. We denied the third motion, as well, and again advised counsel, pursuant to Rule 38.8, that the brief was late. We gave him until June 24 to cure the defect in this matter. Counsel again submitted a letter advising that he could not meet the June 24 deadline and stating that he "anticipated" filing the brief on July 3, 2024. To date, counsel has had ninety-nine days to prepare a brief in this driving while intoxicated case.

Finally, the brief in Donald Anthony Gibson, Jr. v. The State of Texas, cause number 06-24-00007-CR, was originally due May 24, 2024. We granted counsel's first request for a thirtyday extension, and currently pending before the Court is his second request for another thirty-day extension of the briefing deadline. To date, counsel has had sixty-nine days to prepare a brief in this aggravated assault case.

Rule 38.6 of the Texas Rules of Appellate Procedure states that "an appellant must file a brief within 30 days" after the appellate record is filed. TEX. R. APP. P. 38.6(a). Thirty days is the rule, not the exception, and while circumstances may arise from time to time that require an extension of the briefing deadline, three or more extension requests in every case is simply unacceptable. While we have been exceedingly accommodating to counsel to date, we hereby order counsel to file the appellate briefs in these matters as set out below:

John Damien Luis Montiel v. The State of Texas Brian Allen Dalrymple v. The State of Texas Donald Anthony Gibson, Jr. v. The State of Texas

Cause Number

Style

Deadline

06-24-00008-CR

July 3, 2024

06-24-00016-CR

July 12, 2024

06-24-00007-CR

July 19, 2024

The deadlines set forth in this order are final. Failure to meet the deadlines established by this order may result in contempt proceedings requiring counsel to show cause why he should not be held in contempt of this Court.

IT IS SO ORDERED.


Summaries of

Gibson v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jul 2, 2024
No. 06-24-00007-CR (Tex. App. Jul. 2, 2024)
Case details for

Gibson v. State

Case Details

Full title:DONALD ANTHONY GIBSON, JR., Appellant v. THE STATE OF TEXAS, Appellee JOHN…

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Jul 2, 2024

Citations

No. 06-24-00007-CR (Tex. App. Jul. 2, 2024)