Ernest Fuentes v. State

• Court: Court of Appeals of Texas
• Decided: October 1, 2020
• Docket: 13-20-00040-CV
• Status: Published

Opinion

NUMBER 13-20-00040-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ERNEST FUENTES, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 25th District Court of Lavaca County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Longoria The appellant’s brief in the above cause was originally due on March 2, 2020. On

March 4, 2020, the Clerk of the Court sent notice to appellant instructing that this appeal

was subject to dismissal for want of prosecution under Texas Rule of Appellate Procedure

38.8(a)(1), unless appellant reasonably explained the failure and the appellees were not

significantly injured by the appellant’s failure to timely file a brief. Appellant has failed to either reasonably explain the failure to file a brief, file a

motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).

NORA L. LONGORIA Justice

Delivered and filed the 1st day of October, 2020.