Opinion
No. 04-13-00511-CR
11-20-2013
Timothy Paul MURNANE, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR5755
Honorable Ray Olivarri, Judge Presiding
ORDER
Appellant's brief was due on September 19, 2013. We granted Appellant's first motion for extension of time until October 21, 2013. On October 29, 2013, after no brief or motion for extension of time was filed, we ordered Appellant to file Appellant's brief or a motion to dismiss. Appellant's counsel filed a motion to dismiss this appeal. However, Appellant did not sign the motion. Contra TEX. R. APP. P. 42.2 (requiring the appellant's signature to authorize a voluntary motion to dismiss).
Counsel's motion to dismiss this appeal is DENIED. See id.; Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998, pet. ref'd).
Appellant's brief is overdue. We ORDER Appellant to file a brief or a motion for extension of time to file the brief within TEN DAYS of the date of this order. If no brief or motion is filed by that date, we will abate this appeal to the trial court for an abandonment hearing. See TEX. R. APP. P. 38.8(b)(2). Appellant's attorney is cautioned that, to protect Appellant's rights, this court may "initiat[e] contempt proceedings against [A]ppellant's counsel." Id. R. 38.8(b)(4).
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of November, 2013.
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Keith E. Hottle
Clerk of Court