Opinion
NUMBER 13-15-00515-CR
07-21-2016
ANGEL RODRIGO GONZALEZ RIVERA, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 93rd District Court of Hidalgo County, Texas.
ORDER TO FILE APPELLATE BRIEF
Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam
This cause is currently before the Court on appellant's fourth motion for extension of time to file the brief. The reporter's record was filed on December 29, 2015, and appellant's brief was originally due to be filed thirty days thereafter. See TEX. R. APP. P. 38.6(a). This Court has previously granted appellant three extensions of time totaling 165 days to file the brief. By order issued on June 15, 2016, the Court granted the third motion for extension of time and ordered the Honorable Victoria Guerra, to file the appellate brief with this Court on or before July 12, 2016. The order notified counsel that no further extensions will be granted absent exigent circumstances. Rather than filing the brief, counsel instead filed a fourth motion for extension of time to file the brief requesting an additional 30 days to file the brief.
The Court GRANTS appellant's fourth motion for extension to file the brief and ORDERS the Honorable Victoria Guerra to file the brief on or before August 12, 2016. The Court looks with disfavor on the delay caused by counsel's failure to timely file a brief in this matter. No further extensions will be granted absent exigent circumstances. If counsel fails to file the brief within the specified period of time, the Court will act appropriately to ensure that appellant's rights are protected. See id. R. 38.8(b)(4). Specifically, the Court will abate and remand this matter to the trial court with instructions to appoint new counsel.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 21st day of July, 2016.