NUMBER 13-15-00513-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
KEVIN LOZANO A/K/A
KEVIN LOZAWO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 357th District Court
of Cameron County, Texas.
ORDER
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
This cause is currently before the Court on appellant's fifth motion for extension of
time to file the brief. The reporter’s record was filed on May 2, 2016, and appellant’s brief
was originally due to be filed thirty days thereafter. See TEX. R. APP. P. 38.6(a). This
Court has previously granted appellant four extensions of time totaling 243 days to file the
brief. This Court granted counsel’s motion to substitute counsel on September 12, 2016.
Appellant has now filed his fifth motion requesting an additional 30 days, until March 1,
2017, to file the appellate brief in this cause.
The court reporter’s record is voluminous and counsel indicates he has formulated
the issues on appeal. The grounds for the extension are that counsel needs more time
to review the complete file because some of the issues are fact-intensive and legally
complex.
The Court, having fully examined and considered appellant's fifth motion for
extension of time to file the brief and the extensions previously granted in this cause, is of
the opinion that, in the interest of justice, appellant's fifth motion for extension of time to
file the brief should be granted. Appellant’s fifth motion for extension to file the brief is
GRANTED and the Honorable Larry Warner is ORDERED to file the brief on or before
March 1, 2017.
Under these circumstances and in order to effectuate the proper and complete
presentation of this appeal to the Court, we ABATE this appeal and remove it from the
Court’s active docket. The appeal will be reinstated when the appellant’s brief has been
properly and duly filed.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
24th day of February, 2017.
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