Abel C. Esquivel v. the State of Texas

Court of Appeals of Texas

Abel C. Esquivel v. the State of Texas

DecidedFebruary 13, 2023

Docket04-22-00458-CR

StatusPublished

This text of Abel C. Esquivel v. the State of Texas (Abel C. Esquivel v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Abel C. Esquivel v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

Fourth Court of Appeals San Antonio, Texas February 13, 2023

No. 04-22-00458-CR

Abel C. ESQUIVEL, Appellant

v.

The STATE of Texas, Appellee

From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 19-08-0204-CRA Honorable Lynn Ellison, Judge Presiding

ORDER Appellant’s brief was originally due November 18, 2022. We granted appellant’s first motion for extension of time, extending the deadline for filing the brief to December 19, 2022. On December 15, 2022, appellant filed a motion requesting an additional extension of time to file the brief until February 17, 2023, for a total extension of ninety days. We granted appellant’s second motion for extension of time and ordered him to file his brief by February 17, 2023. In our order, we cautioned appellant, “No further requests for extension of time will be considered absent extraordinary circumstances.”

On February 10, 2023, appellant filed a third motion for extension of time, requesting an additional extension of either sixty or thirty days. As support for this request, the motion cites appellant’s counsel’s trial schedule but does not identify any extraordinary circumstances. We therefore ORDER appellant’s attorney to file his brief by February 23, 2023. If the brief is not filed by the date ordered, we will order the appeal abated and remand the cause to the trial court for a hearing to determine whether appellant or appointed counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(b)(2).

_________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of February, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas February 13, 2023

No. 04-22-00458-CR

Abel C. ESQUIVEL, Appellant

v.

The STATE of Texas, Appellee

From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 19-08-0204-CRA Honorable Lynn Ellison, Judge Presiding

ORDER Appellant’s brief was originally due November 18, 2022. We granted appellant’s first motion for extension of time, extending the deadline for filing the brief to December 19, 2022. On December 15, 2022, appellant filed a motion requesting an additional extension of time to file the brief until February 17, 2023, for a total extension of ninety days. We granted appellant’s second motion for extension of time and ordered him to file his brief by February 17, 2023. In our order, we cautioned appellant, “No further requests for extension of time will be considered absent extraordinary circumstances.”

On February 10, 2023, appellant filed a third motion for extension of time, requesting an additional extension of either sixty or thirty days. As support for this request, the motion cites appellant’s counsel’s trial schedule but does not identify any extraordinary circumstances. We therefore ORDER appellant’s attorney to file his brief by February 23, 2023. If the brief is not filed by the date ordered, we will order the appeal abated and remand the cause to the trial court for a hearing to determine whether appellant or appointed counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(b)(2).

_________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of February, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Abel C. Esquivel v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abel-c-esquivel-v-the-state-of-texas-texapp-2023.