IN THE
TENTH COURT OF APPEALS
No. 10-16-00401-CR
EX PARTE HERIBERTO JACQUEZ
From the 249th District Court
Johnson County, Texas
Trial Court No. F46719A
ORDER
Appellant’s brief in this appeal was originally due on December 19, 2016.
Appellant requested an extension of time to file his brief due to the workload of
appellant’s counsel. An extension was granted and appellant’s brief was due January 18,
2017. Appellant has now filed another motion for extension of time to file his brief, this
time asserting that he cannot file his brief until the trial court rules on appellant’s motion
for new trial which challenged the trial court’s order denying appellant’s article 11.072
post-conviction writ of habeas corpus.
The Court has jurisdiction of this appeal. See TEX. CODE CRIM. PROC. ANN. art
11.072, Sec. 8 (West 2015). When or whether the trial court rules on appellant’s pending
motion for new trial is no reason to delay the disposition of the appeal by delaying the
filing of the brief. As it is, in this type of appeal, the timetables for filing the record and
for the briefs are shortened; and we are to “hear” the appeal “at the earliest practicable
time.” See TEX. R. APP. P. 31.1; 31.2. See also 10TH TEX. APP. (WACO) LOC. R. 14.
Nevertheless, we note that the clerk’s record is not complete because it lacks the affidavit
referenced in the State’s answer to the application for writ of habeas corpus pursuant to
article 11.072 of the Code of Criminal Procedure.
The trial court clerk is ORDERED to supplement the clerk’s record with the
referenced affidavit within 7 days of the date of this order. Appellant’s brief is due 30
days after the supplemental clerk’s record is filed.
Accordingly, “Appellant’s Second Motion for Extension of Time to File Brief” is
dismissed as moot.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion dismissed as moot
Order issued and filed February 1, 2017
Ex parte Jacquez Page 2