Opinion
NO. 14-15-00226-CR
01-07-2016
KENNETH RAY HUMPHREY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 177th District Court Harris County, Texas
Trial Court Cause No. 1415329
ORDER
Appellant is represented by appointed counsel, Melissa Martin. Appellant's brief was originally due July 23, 2015. We granted more than 90 days in extensions to file appellant's brief until October 23, 2015. On October 19, 2015, appellant filed a motion to abate the appeal to permit the court reporter and clerk of the court to prepare records of the hearing on the motion for new trial held May 11, 2015. On November 5, 2015, we denied appellant's motion to abate and ordered the court reporter to file the supplemental reporter's record on or before November 19, 2015. We further ordered appellant's counsel to file a brief on or before December 18, 2015. No brief was filed. On December 18, 2015, counsel filed a further request for extension of time to file appellant's brief. As reason for the delay, counsel noted that the court reporter did not file the supplemental reporter's record until December 1, 2015.
We deny the request for extension and issue the following order.
We order Melissa Martin to file a brief with the clerk of this court on or before January 19, 2015. If counsel does not timely file appellant's brief as ordered, the court will 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.
PER CURIAM