Opinion
No. 04-19-00828-CR
07-17-2020
Matthew WEAKLY, Appellant v. THE STATE OF TEXAS, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR4804
Honorable Frank J. Castro, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice
This court issued an opinion on the merits in this appeal on June 10, 2020. On June 29, 2020, appellant filed a pro se motion to dismiss the appeal stating he did not consent to representation by appellate counsel and requesting permission to re-file the appeal pro se.
This court lacks jurisdiction to extend the time limit for filing a notice of appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, if this court were to dismiss the present appeal, any attempt to re-file the appeal would be untimely.
Nevertheless, because appellant has moved to dismiss this appeal, the State is ORDERED to respond within ten (10) days of the date of this order stating whether it consents to appellant's pro se motion. See Tex. R. App. P. 42.2(b). It is FURTHER ORDERED that appellant's counsel respond within ten (10) days of the date of this order stating that counsel has advised appellant of the consequences of dismissing the appeal at this stage.
It is so ORDERED on this 17th day of July, 2020.
PER CURIAM
ATTESTED TO: /s/_________
MICHAEL A. CRUZ,
Clerk of Court