NUMBER 13-15-00244-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MANUEL GONZALES HERNANDEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Jackson County, Texas.
ORDER TO FILE APPELLATE BRIEF
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
This cause is currently before the Court on appellant's sixth motion for extension
of time to file the brief. Appellant’s brief was originally due on September 14, 2015.
Appellant was previously represented by the Honorable Arnold Hayden Jr. who requested
and was granted four extensions of time to file the brief totaling 155 days. Mr. Hayden
Jr. subsequently filed a motion to withdraw as counsel and the trial court appointed the
Honorable David Alan Disher on April 22, 2016. Mr. Disher has requested and this Court
has granted one extension of time to file the brief totaling 30 days. Appellant’s counsel
now seeks an additional 90 days, until August 10, 2016, to file the brief and requests that
this Court grant the extension without an order stating that no further extensions will be
allowed absent exceptional circumstances.
The Court GRANTS IN PART and DENIES IN PART appellant’s sixth motion for
extension to file the brief. This motion is GRANTED insofar as the Court will extend
appellant’s deadline to file the brief until July 10, 2016. This motion is DENIED insofar
as the Court will not allow an extension until August 10, 2016. The Court looks with
disfavor on the delay caused by counsel’s failure to timely file a brief in this matter. No
further extensions will be granted absent exigent circumstances. If counsel fails to file
the brief within the specified period of time, the Court will act appropriately to ensure that
appellant's rights are protected. See id. R. 38.8(b)(4).
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
19th day of May, 2016.
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