Clarence Cerf v. State

Opinion

NO. 07-10-00451-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

AUGUST 23, 2011

CLARENCE CERF, APPELLANT

v.

THE STATE OF TEXAS, APPELLEE

 FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;

NO. 55,527-C; HONORABLE PATRICK PIRTLE, JUDGE

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ORDER

On August 3, 2011, and in response to counsel’s failure to respond to the Court’s notice of late brief, we abated and remanded the instant cause to the trial court for the purpose of conducting a hearing to determine whether appellant desires to prosecute the appeal and other findings related to counsel’s representation of appellant.  See Tex. R. App. P. 38.8(b).  Prior to the deadline given for the trial court’s hearing, appellant’s counsel has filed in this Court a motion for extension of time in which to file appellant’s brief.  In this motion, counsel has provided this Court with facts constituting a reasonable explanation for the need for an extension of time in which to file appellant’s brief.  See Tex. R. App. P. 10.5(b)(1)(C).  Counsel has requested an extension to September 5, 2011.

            Finding that counsel’s motion satisfies Rule 10.5’s requirements and effectively serves the purposes sought to be achieved by the trial court’s hearing on remand, we hereby vacate our order of August 3, 2011 in which we abated and remanded the instant cause, reinstate the instant cause, and grant appellant’s motion for extension of time in which to file appellant’s brief to September 6, 2011.

            IT IS SO ORDERED.

                                                                                                Per Curiam

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