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Hawthorne v. State

State of Texas in the Fourteenth Court of Appeals
Nov 30, 2017
NO. 14-17-00256-CR (Tex. App. Nov. 30, 2017)

Opinion

NO. 14-17-00256-CR

11-30-2017

MELVIN TIMOTHY HAWTHORNE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 248th District Court Harris County, Texas
Trial Court Cause No. 1519307

ORDER

Appellant is represented by appointed counsel, Mark Allen Rubal. Appellant's brief was originally due August 21, 2017. Hurricane Harvey struck the Texas coast on August 25, 2017. On August 28, 2017, the Court of Criminal Appeals issued Misc. Docket No. 17-010, an emergency order directing all courts in Texas to consider disaster-related delays as good cause for modifying or suspending all deadlines in any case. Accordingly, considering the exceptional circumstances of the recent hurricane, we granted two additional extensions of time to file appellant's brief until November 20, 2017. When we granted the last extension, we noted that no further extensions would be granted absent exceptional circumstances. No brief was filed. The extended order of the Court of Criminal Appeals expired October 25, 2017. On November 20, 2017, appellant's counsel filed a further request for extension of time to file appellant's brief, noting the exceptional circumstance of Hurricane Harvey, and that he was unable to obtain a copy of the record from the District Clerk's office.

We grant the request for extension and issue the following order.

We order Mark Allen Rubal to file a brief on appellant's behalf with the clerk of this court on or before December 22, 2017. If counsel does not timely file appellant's brief as ordered, the court may issue an order abating the appeal and directing the trial court to conduct a hearing to determine the reason for the failure to file the brief and the consideration of sanctions, appointment of new counsel, or other appropriate relief. This court will provide a copy of the record to counsel upon request.

PER CURIAM Panel consists of Chief Justice Frost and Justices Busby and Wise.


Summaries of

Hawthorne v. State

State of Texas in the Fourteenth Court of Appeals
Nov 30, 2017
NO. 14-17-00256-CR (Tex. App. Nov. 30, 2017)
Case details for

Hawthorne v. State

Case Details

Full title:MELVIN TIMOTHY HAWTHORNE, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 30, 2017

Citations

NO. 14-17-00256-CR (Tex. App. Nov. 30, 2017)