IN THE
TENTH COURT OF APPEALS
No. 10-17-00152-CR
BRUCE WILLIAMS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2012-50-C2
ORDER
Appellant’s brief was originally due on July 24, 2017. A first extension of time of
30 days was granted, and appellant’s brief was due August 23, 2017. A second extension
of time of 29 days was granted, and appellant’s brief was due September 21, 2017. A third
extension of time of 29 days was granted, and appellant’s brief was due October 20, 2017.
A fourth extension of time of 31 days was granted, and appellant’s brief was due
November 20, 2017.
Citing personal reasons, counsel for appellant requested an additional 21 days
which would have made the brief due on December 11, 2017. This most recent request
would have pushed the total amount of time to 149 days to file a brief that the Rules of
Appellate Procedure provide should be filed in 30 days. The brief was not filed by the
date to which the extension was requested. While we are sympathetic to counsel’s
unforeseen personal issues which have occurred over the last several months, we cannot,
in good conscience, continue to grant counsel additional time to file his brief in this appeal
in light of his client’s right to have his appeal decided in a timely manner.
Accordingly, appellant’s fifth Motion for Extension of Time to File Appellant’s
Brief is denied. Appellant’s brief is due 14 days after the date of this Order. If counsel is
unable to file the brief by this extended date, under the circumstances, counsel should
take preemptive action to seek the appointment of substitute counsel by the trial court.
If preemptive action is not taken and the brief is not filed by the deadline set herein, we
will have no choice but to abate the appeal to the trial court for a hearing pursuant to
Rule 38.8(b) of the Texas Rules of Appellate Procedure.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied
Order issued and filed December 27, 2017
Williams v. State Page 2