TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00474-CR
Christina Lyons, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. CR-11-0101, HONORABLE WILLIAM HENRY, JUDGE PRESIDING
ORDER
PER CURIAM
We issued our opinion in this cause on February 26, 2015. Counsel for appellant
moved for, and we granted, an extension of the deadline to file a motion for rehearing (originally
March 13, 2015) until thirty-three days thereafter, April 15, 2015.1 During the evening hours of
April 14, 2015, the date immediately prior to the extended deadline, counsel filed a second extension
motion requesting an additional thirty days, or until May 15, 2015.
While this Court is typically fairly generous in exercising its discretion to grant
briefing extensions, we cannot overlook the prologue to counsel’s now-multiple extension
requests on rehearing: On original submission, counsel obtained five extensions of the deadline to
file appellant’s brief, totaling 160 days. Moreover, after this Court granted counsel’s fifth extension
1
See Tex. R. App. P. 49.1 (providing 15-day deadline for filing motion for rehearing), 49.8
(affording discretion to courts of appeals to extend the deadline).
motion, accompanied by an order instructing him that no further extensions would be granted,
counsel still failed to file the brief by the specified deadline and instead merely advised the Court
that he would file the brief “as soon as possible.” Counsel ultimately did not file the brief until
twenty days after the ordered deadline. Rather than take additional action that would further delay
the submission of the cause, this Court accepted the untimely brief.
Given this history and the delays that prior extensions have already caused, we will
grant one final extension and ORDER counsel to file any motion for rehearing on appellant’s behalf
no later than Monday, May 18, 2015. No further extensions will be granted, nor will any late filings
be accepted.
It is ordered on April 17, 2015.
Before Chief Justice Rose, Justices Puryear and Pemberton
Do Not Publish
2