Opinion
No. 04-13-00326-CR No. 04-13-00327-CR
2013-09-19
Christopher Hughes LAMAR, Appellant v. THE STATE OF TEXAS, Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2012CR5014 & 2012CR5013
Honorable Melisa Skinner, Judge Presiding
ORDER
Appellant's brief was due August 26, 2013. Neither the brief nor a motion to extend time to file the brief was filed. The clerk of this court notified appellant's counsel of the deficiency by letter dated September 3, 2013. See TEX. R. APP. P. 38.8(b)(2). The letter required appellant to respond in writing within ten days, explaining why the brief has not been filed and demonstrating that counsel has taken affirmative steps to prepare and file the brief. The letter further advised counsel that if an adequate response was not timely filed, the court would abate the appeal for an abandonment hearing in the trial court. We have received no response. Failing to receive a response, a clerk of this court called appellant's counsel three times to advise counsel the brief is past due. The court has still received no response.
Accordingly, we ORDER William L. Baskette Jr. to file the appellant's brief in this court on or before October 25, 2013. Counsel is advised that no further extensions of time will be granted absent a written showing of extraordinary circumstances. If the brief is not filed on or before the date ordered, the court will abate this appeal and remand the case to the trial court for a hearing to determine whether appellant or his counsel has abandoned the appeal.
We further order the clerk of this court to serve this order on counsel by first class United States mail and by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery. In addition, we order that the clerk serve copies of this order on State's counsel and the trial court.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of September, 2013.
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Keith E. Hottle
Clerk of Court