Nelson Oroyo Rodriguez v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-17-00352-CR Style: Nelson Oroyo Rodriguez v. The State of Texas Date motion filed*: November 15, 2017 Type of motion: Second Motion for Extension of Time to File Appellant’s Brief Party filing motion: Appellant’s appointed counsel Tom Abbate Document to be filed: Appellant’s Brief Is appeal accelerated? No. If motion to extend time: Original due date: September 15, 2017 Number of extensions granted: 1 Current Due Date: November 14, 2017 Date Requested: December 29, 2017 (105 days from original due date) Ordered that motion is:  Granted If document is to be filed, document due: December 29, 2017.  No further extensions of time will be granted.  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ Although the Court of Criminal Appeals’ extension order has expired, because appellant’s counsel’s request states, among other things, that Hurricane Harvey has continued to affect his practice, his second extension is granted, but counsel is warned that no further extensions will be granted due to the total length requested. See Extension of Emergency Order Authorizing Modification and Suspension of Court Procedures in Proceedings Affected by Disaster, Misc. Docket No. 17-013 (Tex. Crim. App. Sept. 26, 2017); TEX. R. APP. P. 2, 38.6(d). Accordingly, if appellant’s brief is not filed by December 29, 2017, this Court may abate this case. See id. 38.8(b)(2). Judge’s signature: /s/ Laura C. Higley  Acting for the Court Date: November 21, 2017 November 7, 2008 Revision