Opinion
No. 04-18-00258-CV
01-24-2019
THIRTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($38,400.00) UNITED STATES CURRENCY, Appellant v. THE STATE OF TEXAS, Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CI00346
Honorable Antonia Arteaga, Judge Presiding
ORDER
On December 3, 2018, we ordered appellant to file an amended brief in this court on or before January 2, 2019. In that order, we cautioned appellant that no further extensions of time would be granted absent extraordinary circumstances and if he failed to file a brief by the date ordered, we would dismiss the appeal for want of prosecution.
On January 7, 2019, this court received appellant's amended brief. The amended brief is postmarked December 31, 2018. On January 16, 2019, the State filed a letter in this court, stating appellant missed his deadline to file his brief.
Rule 9.2 of the Texas Rules of Appellate Procedure provides a document is timely filed if it is received within 10 days after the filing deadline so long as the document was mailed to the proper court clerk by the United States Postal Service, placed in a properly address envelope, and deposited in the mail on or before the last day for filing. TEX. R. APP. P. 9.2(b). Here, the amended brief was received by January 7, 2019 - within 10 days after the filing deadline of January 2, 2019. See id. The document also reflects it was mailed by the United States Postal Services to the Fourth Court of Appeals and postmarked on December 31, 2018 - before the last day of filing. See id. Accordingly, the amended brief is timely filed. See id.
We therefore ORDER the State's brief due on or before February 6, 2019. See id. R. 38.6(b).
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court