Opinion
01-23-00133-CR
03-19-2024
Earl David Worden v. State of Texas
228th District Court of Harris County, Trial court case number: 1622305
ORDER
AMPARO MONIQUE GUERRA, JUDGE
Appellant, Earl David Worden, appealed from the trial court's December 15, 2022 Judgment of Conviction by Jury. After the Court struck appellant's original brief, filed on August 28, 2023, appellant filed his amended appellant's brief on November 8, 2023, making the State's brief due on or before December 8, 2023. See Tex. R. App. P. 38.6(b). On December 11, 2023, the State filed a motion to extend its deadline to file a brief. The Court granted the State's motion, extending the deadline for the State to file its brief to January 8, 2024.
On January 10, 2024, the State filed a second motion to extend its deadline to file a brief. The Court granted the State's second motion, extending the deadline for the State to file its brief to February 7, 2024. On February 12, 2024, the State filed its third motion to extend its deadline to file a brief. The Court granted the State's third motion, extending the deadline for the State to file its brief to March 7, 2024. In granting the State's third motion to extend, the Court also notified the State that no further extensions would be considered.
Despite that, on March 11, 2024, the State filed its fourth motion to extend the deadline for filing its brief. In its fourth motion, the State requests that the deadline for filing its brief be extended an additional thirty days. The State's fourth motion to extend states that the extension is necessary based on the case load of pending deadlines of counsel for the State.
The State's fourth motion to extend is granted. The State's brief is due on or before April 8, 2024. However, the State is further notified that the failure to file a brief by the extended deadline may result in the Court setting the appeal "at-issue" and considering and deciding the appeal without a brief of the State.
It is so ORDERED.