Opinion
01-24-00211-CR
08-27-2024
Jonathan James Luna v. The State of Texas
10th District Court of Galveston County Trial court case number: 13-CR-2483
ORDER
Amparo Monique Guerra, Judge
Appellant, Jonathan James Luna, appealed the trial court's February 14, 2024 final judgment. The appellate record was completed on April 17, 2024, making appellant's brief initially due on or before May 17, 2024. See Tex. R. App. P. 38.6(a).
On May 17, 2024, appellant's court-appointed counsel filed a motion for extension of time to file an appellant's brief. The motion was granted by the Court, extending the deadline for filing appellant's brief to July 1, 2024.
On July 1, 2024, appellant's court-appointed counsel filed a second motion for extension of time to file an appellant's brief. The motion was granted by the Court, extending the deadline for filing appellant's brief to August 15, 2024.
On August 15, 2024, appellant's court-appointed counsel filed a third motion for extension of time to file an appellant's brief. In the motion, appellant's court-appointed counsel first requested that the deadline be extended "an additional [thirty] days," then, in the following paragraph, "request[ed] a [forty-five day] extension" of time. Counsel stated that the extension is necessary due to his case load of criminal trials, as well as his "daily docket."
Appellant's third motion for extension of time to file a brief is granted in part. Appellant's brief is due on or before September 16, 2024. No further extensions will be considered by the Court absent extraordinary circumstances. Failure to file a brief by September 16, 2024 may result in the appeal being abated for the trial court to hold a hearing to make findings regarding the reason for the failure to timely file a brief, to determine if counsel has abandoned the appeal, and if so, whether new counsel should be appointed to represent appellant in this appeal. See Tex. R. App. P. 38.8(b).
It is so ORDERED.