Opinion
No. 05-19-00560-CR
01-12-2021
JOSE DAVID GUTIERREZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F16-23201-H
ORDER
Before the Court is appellant's January 11, 2021 motion for leave to file a brief that exceeds the word limit in rule 9.4. See TEX. R. APP. P. 9.4(i)(2)(B). We GRANT the motion and ORDER appellant's amended brief filed as of the date of this order.
We STRIKE the brief filed on September 25, 2020. See Tellez v. State, No. 08-13-00141-CR, 2015 WL 5449728, at *2 (Tex. App.— El Paso Sept. 16, 2015, pet ref'd.) (not designated for publication) (filing of amended brief, in contrast with supplemental brief, operates to replace original brief); Florence v. State, No. 01-11-00822-CR, 2013 WL 3957696 at *1 n.1 (Tex. App.-Houston [1st Dist] July 30, 2013, no pet.) (not designated for publication) (amended brief replaces previously filed briefs).
The State's brief is DUE on February 11, 2021.
/s/ LANA MYERS
JUSTICE