Derrick Bernard v. State

• Court: Court of Appeals of Texas
• Decided: March 26, 2019
• Docket: 01-18-00876-CR
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION Cause number: 01-18-00876-CR Style: Derrick Bernard v. The State of Texas Date motion filed*: March 20, 2019 Type of motion: Second Motion for Extension of Time to File Appellant’s Brief Party filing motion: Appellant’s Appointed Counsel Patrick F. McCann Document to be filed: Appellant’s Brief

Is appeal accelerated? No.

If motion to extend time: Original due date: December 21, 2018 Number of extensions granted: 1 Current Due Date: February 21, 2019 Date Requested: N/A (60 days requested from due date)

Ordered that motion is:  Granted If document is to be filed, document due: April 22, 2019.  No further extensions of time will be granted.  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ The Clerk of this court’s March 7, 2019 notice warned appellant that, unless he filed an extension with or without a brief within 10 days of that notice, this case might be abated. Because appellant’s counsel states that he needs an additional 30 days to complete his brief because he has been working on three death penalty cases, his second extension is granted, but counsel is warned that no further extensions will be granted. See TEX. R. APP. P. 10.5(b)(1)(C). Accordingly, if appellant’s brief is not filed by April 22, 2019, this Court will abate this case. See TEX. R. APP. P. 38.8(b)(2).

Judge’s signature: __/s/ Laura C. Higley_________ x Acting individually Acting for the Court Date: ___March 26, 2019_____

November 7, 2008 Revision