Opinion
No. 04-15-00640-CR
02-24-2016
Eduardo REYES, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR0808
Honorable Sid L. Harle, Judge Presiding
ORDER
Appellant's brief was due on December 21, 2015. See TEX. R. APP. P. 38.6(a). We granted Appellant's first motion for an extension of time to file the brief until January 20, 2016, and we granted Appellant's second motion for an extension of time to file the brief until February 19, 2016. In granting the second motion, we warned Appellant that we would not grant any further extensions.
On February 18, 2016, Appellant filed a third motion for extension of time to file the brief. He noted that one volume of the reporter's record was missing and asked for an extension but did not request a specific number of days.
On February 23, 2016, the missing reporter's record volume was filed.
We ORDER Appellant to file the brief within TEN DAYS of the date of this order. We again warn Appellant that NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT'S BRIEF WILL BE GRANTED.
If Appellant fails to file the brief as ordered, we will immediately abate this appeal and remand it to the trial court for an abandonment hearing WITHOUT FURTHER NOTICE. See id. R. 38.8(b); Samaniego v. State, 952 S.W.2d 50, 52-53 (Tex. App.—San Antonio 1997, no pet.). We will order the trial court to ensure that Appellant's counsel personally appears at the hearing. See TEX. R. APP. P. 38.8(b)(3). We remind Appellant's counsel that, to protect Appellant's rights, this court may "initiat[e] contempt proceedings against [A]ppellant's counsel." See id. R. 38.8(b)(4).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court