Opinion
No. 04-13-00869-CR
12-17-2013
Michael Rudi SEEGER, Appellant v. THE STATE OF TEXAS, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR2146
Honorable Maria Teresa Herr, Judge Presiding
ORDER
The trial court imposed sentence on November 4, 2013, and appellant did not file a motion for new trial. Because appellant did not file a motion for new trial, the deadline for filing a notice of appeal was December 4, 2013. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until December 6, 2013. On December 16, 2013, appellant filed a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. In the motion, counsel explained that he was not appointed to represent appellant on appeal until December 13, 2013, and could not have filed an extension any earlier. He also advised that he had been unable to contact appellant's trial counsel to determine why trial counsel did not timely file the notice of appeal.
Based on the timely filing of the motion to extend time to file the notice of appeal and the reasonable explanation for the delay in filing the notice of appeal contained therein, we GRANT appellant's motion for extension of time to file the notice of appeal. We further ORDER the appellate deadlines reinstated. The clerk's record has been filed. Accordingly, we order the court reporter to file the reporter's record in this court on or before January 16, 2014.
We order the clerk of this court to serve a copy of this order on all counsel and the court reporter.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of December, 2013.
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Keith E. Hottle
Clerk of Court