Opinion
No. 04-13-00469-CR
08-27-2013
Darwin Glenn ROSS, Appellant v. The STATE of Texas, Appellee
From the 82nd District Court, Robertson County, Texas
Trial Court No. 08-06-18481-CR
Robert Miller Stem, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
On June 28, 2013, the Tenth Court of Appeals issued a letter questioning its jurisdiction over the appeal and ordering appellant to file a response within thirty-five days and the State to file a response within twenty-eight days after appellant's response. See 10-13-00199-CR. On June 27, 2013, the Texas Supreme Court transferred this appeal from the Tenth Court of Appeals to this court. See TEX. S.CT. MISC. DOCKET NO. 13-9097. On July 22, 2013, appellant filed a brief, which this court has also construed as his response to the Tenth Court of Appeals' June 28 order. Therefore, the State's response was due on August 19, 2013.
On August 21, 2013, the State filed a motion asking this court for an extension of time in which to file its brief and to abate this appeal to allow appellant to respond to the Tenth Court of Appeals' June 28 order. The motion to abate is DENIED and the State's response to the June 28 order is due no later than September 9, 2013. The State's request for an extension of time to file its brief is HELD IN ABEYANCE pending further order of this court on the issue of whether we have jurisdiction over the appeal.
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Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of August, 2013.
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Keith E. Hottle
Clerk of Court