John David Babyak v. the State of Texas

Fourth Court of Appeals San Antonio, Texas September 3, 2021 No. 04-21-00216-CR & 04-21-00217-CR John David BABYAK, Appellant v. The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR9102, 2018CR9104 Honorable Melisa C. Skinner, Judge Presiding ORDER Appellant’s brief in these consolidated appeals was originally due July 29, 2021; however the court granted appellant an extension of time until August 30, 2021. Neither the brief nor a motion for extension of time has been filed. We therefore order appellant’s appointed counsel, Edward F. Shaughnessy, to file appellant’s the brief by September 13, 2021. Counsel is advised that no further extensions of time will be granted absent a motion, filed by the date the brief is due, that: (1) demonstrates extraordinary circumstances warranting further delay, (2) advises the court of the efforts counsel has expended in preparing the brief, and (3) provides the court reasonable assurance that the brief will be completed and filed by the requested extended deadline. The court does not generally consider a heavy work schedule to be an extraordinary circumstance. If the brief or a conforming motion is not filed by the date ordered, this appeal may be abated for a hearing pursuant to Texas Rule of Appellate Procedure 38.8(b)(2). _________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of September, 2021. ___________________________________ MICHAEL A. CRUZ, Clerk of Court