Opinion
No. 04-15-00662-CR
01-13-2016
From the County Court at Law, Kerr County, Texas
Trial Court No. CR13-1227
Honorable Susan Harris, Judge Presiding
ORDER
On December 7, 2015, Appellant advised this court that the trial court determined he is not indigent and thus not entitled to a free record or court-appointed counsel. He also moved this court to abate the appeal so he could have time to retain counsel and pay for the reporter's record.
On December 8, 2015, we ordered Appellant to provide written proof to this court by December 18, 2015, that the reporter's record has been requested and the reporter's fee has been paid or arrangements have been made to pay the reporter's fee. We advised Appellant that if he failed to respond as ordered, we would set the brief due date without a reporter's record and only consider those issues or points raised in Appellant's brief that do not require a reporter's record for a decision.
Appellant did not respond to our order and no reporter's record has been filed. The clerk's record was filed on December 22, 2015. Given Appellant's failure to respond to our order regarding the reporter's record, we conclude the appellate record was complete on December 22, 2015, and Appellant's brief is due on January 21, 2016.
On January 11, 2016, Appellant moved this court for a thirty-day extension of time to file his brief. Appellant's motion for extension of time to file the brief is GRANTED. Appellant's brief is due on February 22, 2016.
Appellant's motion to abate this appeal is DENIED.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court