Order entered December 5, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01527-CR
JOSE RAMON CRUZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-24443-Q
ORDER
We REINSTATE this appeal.
On August 29, 2017, we abated this appeal and ordered the trial court to conduct a
hearing to determine why appellant’s brief has not been filed. On November 20, 2017, we
received a copy of the trial court’s November 9, 2017 order. In the order, the trial court found
that appellant wishes to prosecute the appeal but due to complicated issues presented, counsel
needed additional time in which to file the brief. The trial court then granted counsel’s request
for more time and ordered the brief filed by December 9, 2017.
We ADOPT the trial court’s findings that appellant wants to pursue the appeal but that
counsel needs additional time to brief the issues. We STRIKE the trial court’s order to the
extent it grants additional time. See TEX. R. APP. P. 38.6(d) (“the appellate court may extend the
time for filing a brief . . .”).
We ORDER appellant’s brief due on or before DECEMBER 13, 2017. Counsel is
cautioned that the failure to file the brief by that date may result in counsel’s removal from the
appeal without further notice.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE
Jose Ramon Cruz v. State
Combined Opinion