Opinion
04-21-00570-CR
08-16-2022
Rueben Justin TREJO, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CR-9333 Honorable Michael E. Mery, Judge Presiding
ORDER
Beth Watkins, Justice
Appellant's brief was originally due on May 18, 2022 and was not filed. We granted appellant's first motion for extension of time, extending the deadline for filing the brief to July 18, 2022. On July 15, 2022, appellant's appointed counsel filed a motion requesting an additional extension of time to file the brief until August 15, 2022, for a total extension of eighty-nine days, and we granted the motion.
On August 15, 2022, appellant's appointed counsel filed a third motion for extension of time requesting an additional thirty days to file the brief, for a total extension of 119 days. The motion states, in part, that appellant's counsel "does not [have] the Court Reporter's record from the voir dire proceedings." We note, however, that: (1) the reporter's record was filed on April 18, 2022; (2) appellant's previous motions for extension of time did not contend that any volumes of the reporter's record were missing; and (3) appellant has not asked us to order the court reporter to file any missing volumes.
After consideration, we GRANT the motion for extension of time and ORDER appellant to file his brief by September 14, 2022. Counsel is advised that no further extensions of time will be granted. If the brief is not filed by the date ordered, we will order the appeal abated and remand the cause to the trial court for a hearing to determine whether appellant or appointed counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(b)(2).