Jody Wayne Whelchel v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-14-00597-CR Style: Jody Wayne Whelchel v. The State of Texas Date motion filed*: March 31, 2015 Type of motions: Appellant’s Motion for Extension of Time Parties filing motions: Appellant Document to be filed: Appellant’s Brief Is appeal accelerated? No If motion to extend time: Original due date: December 31, 2014 Number of extensions granted: 0 Current Due Date: May 9, 2015 Date Requested: August 9, 2015 Ordered that motion is:  Granted If document is to be filed, document due:  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ The motion for extension of time to file appellant’s brief is denied as premature without prejudice to refiling because although the supplemental clerk’s record was filed, and the trial court set May 9, 2015, as appellant’s new counsel’s brief deadline, this case remains abated until the supplemental reporter’s record is filed, as requested by this Court’s February 3, 2015 Order of Abatement. See TEX. R. APP. P. 38.8(b)(3). Thus, after the case is reinstated, the Clerk of this Court will notify counsel and may re-set the briefing deadlines. See TEX. R. APP. P. 38.6(a)(2). Judge’s signature: /s/ Evelyn V. Keyes  Date: April 9, 2015 November 7, 2008 Revision