Opinion
05-23-00603-CR
05-24-2024
ANDY GONZALEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 20-11062-86-F
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
Appellant's brief is overdue. Appellant's brief was originally due October 29, 2023. After granting appellant's counsel, Daniel Oliphant, multiple extensions of time to file the brief, we abated the appeal on February 21, 2024, for the trial court to make findings and recommendations concerning Mr. Oliphant's failure to file the brief. The trial court recommended granting Mr. Oliphant a sixty-day extension of time to file the brief. In this Court's order of March 26, 2024, we accepted the trial court's recommendation and ordered Mr. Oliphant to file appellant's brief on or before May 20, 2024. As of the date of this order, appellant's brief has not been filed, and Mr. Oliphant has not communicated with this Court concerning this appeal since January 3, 2024, when he filed his motion for extension of time to file the brief.
We ORDER appellant's counsel, Daniel Oliphant to file appellant's brief and a motion for extension of time to file the brief on or before JUNE 3, 2024. If appellant's brief and motion for extension are not filed by that date, which will be more than seven months after the brief was originally due, this appeal may be abated for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8. See TEX. R. APP. P. 38.8(b)(2).
We DIRECT the Clerk to send copies of this order to the Honorable Casey Blair, Presiding Judge, 86th Judicial District Court; and counsel for all parties.