Opinion
01-22-00776-CR
02-08-2024
Troy E. Hollins v. The State of Texas
207th District Court of Comal County, Trial court case number: CR2020-054
ORDER
AMPARO MONIQUE GUERRA, JUDGE.
A jury convicted appellant, Troy E. Hollins, of two counts of the offense of engaging in organized criminal activity, and the trial court assessed his punishment at confinement for eighty years. Appellant filed his brief on September 19, 2023. The Court set a November 16, 2023 deadline for the filing of the State's brief. The State requested, and was granted, three extensions of the deadline to file its brief, which was extended to January 29, 2024.
On January 29, 2024, the State filed its brief. However, also on January 29, 2024, the State filed a "Motion to Exceed the Standard Word Limit." The State's brief includes a certificate of compliance representing that its word count totals 24,346 words. The Texas Rules of Appellate Procedure set a word limit for opening briefs in an appellate court at 15,000 words. See Tex. R. App. P. 9.4(i)(2)(B) (brief filed in appellate court "must not exceed" 15,000 words).
In its motion, the State requests that it be permitted to exceed the word limit because the appeal includes a "relatively lengthy" record, and appellant has raised, in his brief, "five issues, several involving sub-issues, and several requiring a detailed application of the law to the facts in the record." Further, the "State has taken the time to quote truncated, relevant excerpts from the record and provide specific and useful citations to said lengthy record."
As alternative relief, the State requests that "it be allowed a reasonable time to attempt to further reduce the word count to an amount the Court deems reasonable."
The State's motion to exceed the standard word limit, and for the Court to "allow the filing" of its brief is denied. The Court further strikes the brief submitted to the Court by the State on January 29, 2024 and directs the State, within twenty days of the date of this order, to file a brief that is not to exceed 20,000 words. See Tex. R. App. P. 9.4(i)(4) ("A court may, on motion, permit a document that exceeds the prescribed limit.").
It is so ORDERED.