Opinion
No. 04-15-00361-CR
01-07-2016
Jimmy VERA, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR5369
Honorable Raymond Angelini, Judge Presiding
ORDER
Appellant's brief was originally due on October 17, 2015. This Court sent appellant's counsel, Pat Montgomery, a late brief notice informing him of the missed deadline to file appellant's brief. Mr. Montgomery filed a motion for extension of time, and this Court granted appellant a 30-day extension of time, to December 2, 2015. Mr. Montgomery ignored this deadline and did not file appellant's brief or a motion for extension of time. On December 16, 2015, this Court ordered Mr. Montgomery to file appellant's brief on or before Wednesday, December 21, 2015, and admonished counsel that no further extension of time would be allowed. On January 5, 2015, Mr. Montgomery, again, requested an additional ten days, stating he did not discover the record was missing a vital portion of the voir dire proceeding until after the due date for the brief.
Mr. Montgomery's request for a ten-day extension is granted. Mr. Montgomery must file appellant's brief on or before January 15, 2016. Because this extension extends the briefing deadline to 90 days after the original due date, NO FURTHER EXTENSIONS OF TIME WILL BE ALLOWED. If appellant's brief is not filed by January 15, 2016, this Court will abate this appeal to the trial court for an abandonment hearing. TEX. R. APP. P. 38.8(b)(2). Contempt proceedings may also be initiated against Mr. Montgomery. Id. 38.8(b)(4).
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court