Opinion
01-23-00133-CR
04-23-2024
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.
On March 11, 2024, the State filed its fourth motion to extend the deadline for filing its brief. In its fourth motion, the State requested that the deadline for filing its brief be extended an additional thirty days. The Court granted the State's fourth motion, extending the deadline for the State to file its brief to April 8, 2024. However, the State was notified that the failure to file a brief by the extended deadline could result in the appeal being set "at-issue," and the appeal being considered and decided without a brief of the State.
Despite that, the State did not file a brief by the April 8, 2024 deadline. On April 9, 2024, the State filed its fifth motion to extend the deadline for filing its brief. In its fifth motion, the State requested that the deadline be extended to April 12, 2024, and that this would be "the State's final request" for extension.
However, the State did not file its brief by April 12, 2024. Accordingly, the State's fifth motion to extend is denied. The Clerk of the Court is directed to set this appeal "at-issue" and the parties are notified that the appeal may be set on the Court's docket and considered without a brief of the State.
It is so ORDERED.