Cody Allen Waters v. State

Fourth Court of Appeals San Antonio, Texas October 14, 2016 No. 04-16-00241-CR Cody Allen WATERS, Appellant v. The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR1094 Honorable Raymond Angelini, Judge Presiding ORDER After we granted Appellant’s first motion for extension of time to file the brief, Appellant’s brief was due on October 10, 2016. See TEX. R. APP. P. 38.6(a). On October 14, 2016, Appellant filed a second motion for a thirty-day extension of time to file the brief. Appellant’s motion is GRANTED; the brief is due on November 9, 2016. NO FURTHER EXTENSIONS OF TIME TO FILE APPELLANT’S BRIEF WILL BE GRANTED. If Appellant fails to file the brief as ordered, we will immediately and without further notice abate this appeal and remand it to the trial court for an abandonment hearing. See id. R. 38.8(b); Samaniego v. State, 952 S.W.2d 50, 52–53 (Tex. App.—San Antonio 1997, no pet.). We will order the trial court to ensure that Appellant’s counsel personally appears at the hearing. See TEX. R. APP. P. 38.8(b)(3). _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of October, 2016. ___________________________________ Keith E. Hottle Clerk of Court