Opinion
05-21-00613-CR
04-26-2022
LUIS ARMANDO TALABERA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82303-2021
ORDER
ERIN A. NOWELL JUSTICE
Before the Court is appellant's April 13, 2022 fifth motion for an extension of time to file his brief. The Court has been liberal in granting extensions during the past two years. Nevertheless, when appellant's fourth request was granted, we expressly cautioned appellate counsel that the failure to file a brief by April 13, 2022 would result in the Court abating the case for a hearing. Tex.R.App.P. 38.8(b)(3).
The purpose of a rule 38.8 hearing is to ensure that "appellant desires to prosecute the appeal" and that counsel has not abandoned the appeal. Here, appellant's extension motion provides us the information that answers those questions: appellant wishes to pursue his appeal, and in counsel's words, "[a]fter an unusually high volume of appellate appointments in the Fall of 2021 . . . counsel began making adjustments to his practice to meet the simultaneous demands of this court and the numerous other federal and state courts in which he practices." In addition, appellant counsel gives specific details of why the brief has not been filed.
For these reasons, we will GRANT this extension. Appellant's brief is due by May 16, 2022.
We caution appellate counsel that the Court does not encourage further extensions. The filing of another extension will result in the Court taking whatever action it deems appropriate, which may include removing counsel from this appeal and ordering the trial court to appoint new counsel.