Opinion
03-23-00186-CR
08-11-2023
The State of Texas, Appellant v. Michael Ruscoe, Appellee
Do Not Publish
From the 299th District Court of Travis County No. D-1-DC-21-900025, the Honorable Karen Sage, Judge Presiding
Before Justices Baker, Triana, and Smith
ORDER
PER CURIAM.
The State's brief on appeal was originally due May 1, 2023. On the State's motions, the time for filing was extended to July 31, 2023. The State has now filed a fourth motion, requesting that the Court extend the time for filing the State's brief. We grant the motion for extension of time in part and order the State to file a brief no later than August 29, 2023. No further extension of time will be granted and failure to comply with this order may result in the dismissal of this appeal. See State v. Bissing, 169 S.W.3d 729, 730 (Tex. App.- Waco 2005, no pet.) (explaining that abatement procedures in Rule 38.8(b) do not apply to appeals by State and that failure of State to file appellant's brief in criminal case authorizes dismissal of appeal); State v. Sanchez, 764 S.W.2d 920, 921 (Tex. App.-Austin 1989, no writ) (holding that failure of State's attorney to file brief as appellant constitutes "abandonment of the appeal by the State" and authorizes dismissal of appeal).
It is ordered.