Opinion
No. 04-18-00525-CR
05-10-2019
Braulio TIRADO-MORALES, Appellant v. The STATE of Texas, Appellee
From the 451st Judicial District Court, Kendall County, Texas
Trial Court No. 6201
Honorable Maria Teresa Herr, Judge Presiding
ORDER
After appellant's court-appointed counsel failed to file briefs in these companion cases and failed to respond to an order pursuant to TEX. R. APP. P. 38.8(b)(2), we abated the cases to the trial court for an abandonment hearing. After the cases were abated but before the trial court held the abandonment hearing on May 3, 2019, appellant filed motions for extension of time until April 30, 2019 to file appellant's briefs in both cases. On April 24, 2019, we granted appellant's motions and advised counsel that if he filed the briefs on or before April 30, 2019, this court would withdraw the order abating the cases and notify the trial court. Because appellant's counsel did not file the briefs until late in the afternoon on May 2, 2019, the trial court was not notified.
The briefs filed on May 2, 2019 fail to comply with the following rules: (1) inclusion of minor victims' names in violation of TEX. R. APP. P. 9.10; and (2) improper line spacing pursuant to TEX. R. APP. P. 9.4(d). Accordingly, it is ORDERED that the briefs are STRICKEN from the record in both cases. It is FURTHER ORDERED that appellant's counsel file amended briefs that comply with the rules and this order by no later than five (5) days from the date of this order. If appellant's counsel fails to timely file the amended briefs, these appeals may again be abated to the trial court for an abandonment hearing and for the trial court to consider whether sanctions are appropriate. In addition, this court may impose appropriate sanctions to secure the integrity of the judicial process.
Because appellee has been served with a copy of the brief, this order does not affect the deadline for filing of the appellee's brief.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of May, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court