Opinion
No. 04-13-00415-CR
07-30-2013
Dave MCNEIL, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 12-2002-CR
Charles Ramsay, Judge Presiding
ORDER
The clerk's record and the reporter's record are due to be filed in this appeal on August 23, 2013. Although neither record has been filed, appellant has filed a brief which does appear to contain record citations. The appellant's brief is generally not due until thirty days after the later of the date the clerk's record or reporter's record is filed. TEX. R. APP. P. 38.6(a). Since the statement of facts and argument sections of the appellant's brief must contain appropriate citations to the record, the reason the record must be filed before the brief is due is readily apparent. See TEX. R. APP. P. 38.1. The appellee's brief is generally due to be filed no later than thirty days after the date the appellant's brief is filed. TEX. R. APP. P. 38.6(b). In this case, however, the appellee should not be required to file its brief in the absence of the record. It is therefore ORDERED that appellee's brief will not be due to be filed until thirty days after the later of the date the clerk's record or reporter's record is filed. TEX. R. APP. P. 2.
_______________
Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of July, 2013.
__________
Keith E. Hottle
Clerk of Court