Opinion
01-24-00090-CR
07-30-2024
Michael Wayne Stewart v. The State of Texas
Trial court: 184th District Court of Harris County, Trial court case number: 1833930
ORDER
Amparo Monique Guerra, Judge.
Appellant, Michael Wayne Stewart, has appealed the trial court's January 24, 2024 judgment in the underlying case. The appellate record was completed on March 20, 2024, making appellant's brief initially due on or before April 19, 2024. See TEX. R. APP. P. 38.6(a). Appellant failed to file a brief by that deadline.
On May 16, 2024, the Clerk of this Court notified appellant that the time for filing his brief had expired and directed appellant to, within ten days of the date of the notice, file a brief or motion to extend time to file a brief. Appellant was further notified that the failure to adequately respond could result in the Court abating the appeal and remanding to the trial court to hold a hearing to determine the reason(s) for the failure to file a brief.
On May 20, 2024, appellant's court-appointed counsel filed a motion for extension of time to file an appellant's brief. The motion was granted by the Court, extending the deadline for filing appellant's brief to June 19, 2024. Appellant failed to file a brief by the extended deadline.
On July 2, 2024, The Clerk of this Court again notified appellant that the time for filing his brief had expired. Appellant was again directed to file a brief or motion to extend time to file a brief within ten days of the notice, and that the failure to do so could result in abatement of the appeal. On July 18, 2024, appellant's court-appointed counsel filed a second motion for extension of time to file appellant's brief. In the motion, appellant's court-appointed counsel requested that the deadline be extended to August 19, 2024. Counsel stated that the extension is necessary due to loss of power and internet in the aftermath of Hurricane Beryl and because there is "one volume missing from the appellate record."
Appellant's second motion for extension of time to file a brief is granted. Appellant's brief is due on or before August 19, 2024. No further extensions will be considered by the Court absent extraordinary circumstances. Failure to file a brief by August 19, 2024 may result in the appeal being abated for the trial court to hold a hearing to make findings regarding the reason for the failure to timely file a brief, to determine if counsel has abandoned the appeal, and if so, whether new counsel should be appointed to represent appellant in this appeal. See TEX. R. APP. P. 38.8(b).
It is so ORDERED.