Fourth Court of Appeals
San Antonio, Texas
February 13, 2023
No. 04-22-00458-CR
Abel C. ESQUIVEL,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 19-08-0204-CRA
Honorable Lynn Ellison, Judge Presiding
ORDER
Appellant’s brief was originally due November 18, 2022. We granted appellant’s first
motion for extension of time, extending the deadline for filing the brief to December 19, 2022.
On December 15, 2022, appellant filed a motion requesting an additional extension of time to
file the brief until February 17, 2023, for a total extension of ninety days. We granted appellant’s
second motion for extension of time and ordered him to file his brief by February 17, 2023. In
our order, we cautioned appellant, “No further requests for extension of time will be considered
absent extraordinary circumstances.”
On February 10, 2023, appellant filed a third motion for extension of time, requesting an
additional extension of either sixty or thirty days. As support for this request, the motion cites
appellant’s counsel’s trial schedule but does not identify any extraordinary circumstances. We
therefore ORDER appellant’s attorney to file his brief by February 23, 2023. If the brief is not
filed by the date ordered, we will order the appeal abated and remand the cause to the trial court
for a hearing to determine whether appellant or appointed counsel has abandoned the appeal. See
TEX. R. APP. P. 38.8(b)(2).
_________________________________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 13th day of February, 2023.
___________________________________
MICHAEL A. CRUZ, Clerk of Court