Opinion
NO. 14-16-00665-CR NO. 14-16-00666-CR
05-16-2017
DARRIUS DESHUNE THOMAS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court Harris County, Texas
Trial Court Cause Nos. 1472708 and 1472707
ORDER
Appellant's brief was filed January 3, 2017. The State's brief was due February 9, 2017, but was not filed. On February 10, 2017, this court notified the parties that the State's brief was late and directed the State to, within 15 days, file a brief, file a motion for extension of time, or notify the court that it would not be filing a brief. On February 21, 2017, the State filed a motion for extension of time to file its brief, which the court granted to March 21, 2017.
The State did not file a brief by March 21, 2017. On March 23, 2017, the court again notified the parties that the State's brief was late and again directed the State to, within 15 days, file a brief, file a motion for extension of time, or notify the court that it would not be filing a brief. The State did not file a brief, or a motion to extend time to file brief, within 15 days of the court's order.
On April 28, 2017, the court set these appeals for oral argument to be held on June 7, 2017.
On May 9, 2017, the State filed a motion for extension of time until May 19, 2017 to file its brief.
The motion is GRANTED to May 19, 2017. If the State's brief is not filed by May 19, 2017, the court will consider submitting the appeal on appellant's brief alone. Under the Texas Rules of Appellate Procedure, the right to participate in oral argument is accorded only to "[a] party who has filed a brief and who has timely requested oral argument . . . ." Tex. R. App. P. 39.1.
PER CURIAM