Opinion
11-22-00347-CR
11-02-2023
Do not publish. See Tex. R. App. P. 47.2(b).
On Appeal from the 350th District Court Taylor County, Texas Trial Court Cause No. 14172-D
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM.
This appeal has been unduly stalled due to the failure of Appellant's court-appointed counsel, Leigh Davis, to file an appellate brief. Appellant's brief was originally due on May 8, 2023. Counsel filed a motion for extension of time to file his brief, which this court granted, and we extended the deadline to June 7, 2023. On June 7, counsel filed a second motion for extension of time to file his brief, which the court granted, and we extended the deadline to July 7, 2023. After that deadline passed, we notified counsel that his brief was overdue and informed him that the inordinate delay was a serious matter.
Counsel has since filed two additional motions for extension of time to file his brief, and we have twice extended the deadline to file his brief, to September 5 and October 5, based on such motions. In our letter dated September 14, 2023, we informed counsel that further motions for extension of time would be disfavored. However, counsel again failed to file his brief. We notified counsel by letter and telephonically that his brief was overdue. On October 26, in response to our telephone inquiry, counsel informed this court that he intended to file his brief on October 30 or 31. As of today, counsel has not filed any appellate brief in this matter.
Appellant's brief is now due to be filed in this court on or before 3:00 p.m. on November 16. If Appellant's brief has not been e-filed and is not in the portal at that time, Leigh Davis is ORDERED to APPEAR IN PERSON in the 11th Court of Appeals, 100 West Main St., Suite 300, Eastland, Texas, at 10:00 a.m. on November 17.