Bryce Darec Clark v. State

Opinion

Order entered June 4, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00944-CR

BRYCE DAREC CLARK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-83633-2017

ORDER Before the Court is appellant’s May 31, 2019 third motion for extension of time to file his

brief. A review of this appeal shows that the appellate record was filed as of December 30,

2018, and appellant’s brief was initially due on January 30, 2019.

On March 6, 2019, current counsel filed a motion to extend time to file the brief. We

denied that motion because our records reflected a different appellate counsel of record. Counsel

then filed a motion to substitute along with a request that we reconsider our denial of the motion

to extend. We granted the motion, substituted counsel, and ordered appellant’s brief due by

April 23, 2019. That day, appellant filed a second motion to extend which we granted, making

the brief due on May 23, 2019. In our order, we cautioned appellant that further extensions were

disfavored and might result in the appeal being abated for a hearing under rule 38.8(b)(3). See TEX. R. APP. P. 38.8(b)(3). On May 31, 2019, appellant filed a third motion, asking the Court to

extend the time for filing to June 30, 2019.

The rules of appellate procedure contemplate an appellant filing his brief thirty days after

the record is complete. See TEX. R. APP. P. 38.6(a). The Court may extend the time for filing a

brief when appropriate. See TEX. R. APP. P. 38.6(d).

While we are not unsympathetic to the demands of a busy appellate practice, the job of

the Court is to expeditiously resolve appeals. If appellant’s motion is granted and the brief is

filed on July 1, 2019, appellate counsel will have had 116 days in which to file a brief since the

date of her first appearance in this Court.

We GRANT appellant’s motion to the extent we ORDER appellant’s brief filed by 5:00

p.m. on June 14, 2019. If appellant fails to file a brief by that date, the Court will take whatever

action it deems appropriate to ensure this appeal proceeds in a more expeditious manner, which

may include abating the appeal for a hearing or ordering counsel removed.

We DIRECT the Clerk to send a copy of this order to the Honorable Jennifer Edgeworth,

Presiding Judge, 219th Judicial District Court; to counsel Kristin Brown; and to the Collin

County District Attorney.

/s/ CORY L. CARLYLE JUSTICE