Opinion
04-23-00274-CR
08-14-2023
EX PARTE Luis Angel Flores ESPINOZA,
From the County Court, Kinney County, Texas Trial Court No. 13074CR Honorable Todd Alexander Blomerth, Judge Presiding
ORDER
Irene Rios, Justice
On July 27, 2023, the State filed a letter in this appeal requesting we extend the time to file its brief. It also asserts:
The State respectfully suggests that it would be inappropriate to resolve [this] case[] until the Court of Criminal Appeals has finally ruled on the petition in Aparicio [PD-0461-23]. If, however, this is unacceptable to the Court, and it intends to proceed, the State would then adopt . . . the State's brief in [Ex parte] Aparicio, [No. 04-22-00623-CR] as its brief.
Texas Rule of Appellate Procedure 9.7 expressly limits adoption by reference to documents filed "in the same case." Therefore, we do not adopt the State's brief filed in Ex parte Aparicio, No. 04-22-00623-CR. Instead, we ORDER the deadline for the State to file its brief extended until August 24, 2023. If the State wishes to seek a stay or abatement of this appeal, it must file a motion in compliance with Texas Rule of Appellate Procedure 10.