Opinion
No. 04-16-00838-CR
04-12-2017
Avie Lee LOZANO, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR8489
Honorable Sid L. Harle, Judge Presiding
ORDER
Appellant's brief was due March 16, 2017, but it was not filed. This court notified appellant's counsel, David Hesse, of the deficiency by letter on March 23, 2017. See TEX. R. APP. P. 38.8(b)(2). The letter required a response by April 3, 2017. Counsel has not filed appellant's brief and did not respond to our letter until April 10, when he filed a motion for extension of time to file the brief.
We grant the motion and order appellant's attorney, David C. Hesse, to file the brief by May 15, 2017 (60 days after the original due date). Counsel is advised that no further extensions of time will be granted absent a motion that (1) demonstrates extraordinary circumstances justifying further delay, (2) advises the court of the efforts counsel has expended in preparing the brief, and (3) provides the court reasonable assurance that the brief will be completed and filed by the requested extended deadline. The court does not generally consider a heavy work schedule to be an extraordinary circumstance. If the brief or a conforming motion is not filed by the date ordered, the court may abate this appeal and remand the case to the trial court for a hearing to determine whether appellant or counsel has abandoned the appeal.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court