Opinion
No. 04-16-00629-CR
04-07-2017
Ronald WHITLOW, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR10248
Honorable Ray Olivarri, Judge Presiding
ORDER
Appellant's brief was originally due on February 2, 2017. This court granted Appellant's first motion for extension of time, but we warned Appellant that " NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT'S BRIEF WILL BE GRANTED ," and we ordered Appellant "to file the brief not later than April 3, 2017."
Despite this explicit warning, Appellant failed to file the brief as ordered. On April 3, 2017, Appellant filed a second motion for extension of time to file the brief until May 1, 2017. Appellant's motion is GRANTED IN PART.
We ORDER Appellant to file the brief not later than April 17, 2017.
If Appellant fails to file the brief as ordered, we will immediately abate this appeal and remand it to the trial court for an abandonment hearing without further notice. See id. R. 38.8(b); Samaniego v. State, 952 S.W.2d 50, 52-53 (Tex. App.—San Antonio 1997, no pet.). We will order the trial court to ensure that Appellant's counsel personally appears at the hearing. See TEX. R. APP. P. 38.8(b)(3). We remind Appellant's counsel that, to protect Appellant's rights, this court may "initiat[e] contempt proceedings against [A]ppellant's counsel." See id. R. 38.8(b)(4).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court