Opinion
04-21-00494-CR
04-01-2022
Harvey GUTIERREZ, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 8, Bexar County, Texas Trial Court No. 620144 Honorable Mary D. Roman, Judge Presiding
ORDER
Beth Watkins, Justice
Because this court's records appeared to show that the appellate record was complete on December 28, 2021, we originally set the deadline for appellant's brief as January 27, 2022. See Tex. R. App. P. 38.6(a)(2). On January 28, 2022, appellant filed a first motion for extension of time to file his brief. In that motion, appellant noted that his request for an extension was premature because two volumes of the reporter's record had not yet been filed. On March 2, 2022, appellant filed a second motion for extension of time, which noted that the reporter's record was not complete until February 28, 2022. This representation is consistent with our records.
We granted appellant's first and second motions for extension of time and extended the deadline to file his brief until March 30, 2022. However, because the appellate record was not complete until February 28, 2022, the correct original due date for appellant's brief was March 30, 2022. See id. On March 30, 2022, appellant filed a "Third Motion to Extend Time to File Appellant's Brief," which requested an extension of time to file the brief until April 29, 2022. For the reasons explained above, we will treat appellant's March 30, 2022 motion as a first motion for extension of time. See id. We GRANT the motion and ORDER appellant to file his brief by April 29, 2022
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of April, 2022.