COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-16-00435-CR Style: Jonathan Rawlins v. The State of Texas Date motion filed*: October 31, 2016 Type of motion: Appellant’s Motion for a Second Extension of Time to File Brief Party filing motion: Appellant’s counsel Steven A. Hershkowitz Document to be filed: Appellant’s Brief Is appeal accelerated? No. If motion to extend time: Original due date: August 12, 2016 Number of extensions granted: 1 Current Due Date: October 31, 2016 Date Requested: December 5, 2016 (115 days from original deadline) Ordered that motion is: Granted If document is to be filed, document due: December 5, 2016. No further extensions of time will be granted. Denied Dismissed (e.g., want of jurisdiction, moot) Other: _____________________________________ On September 1, 2016, the Clerk of this Court granted the first extension by appellant’s new counsel until October 31, 2016, to file appellant’s brief, but with no further extensions. Because the trial court only appointed Mr. Hershkowitz as counsel on August 10, 2016, and counsel’s second extension contends that the trial records are fairly voluminous and he is in a 2-person firm, this extension is granted, but no further extensions will be granted given the total length of time requested. See TEX. R. APP. P. 10.5(b)(1)(C). Accordingly, if appellant’s brief is not filed by December 5, 2016, the Court will abate this appeal for a late-brief hearing. See id. 38.8(b)(2). Judge’s signature: /s/ Evelyn V. Keyes Acting individually Date: November 8, 2016 November 7, 2008 Revision
Jonathan Rawlins v. State
Combined Opinion