Frank Gill v. State

• Court: Court of Appeals of Texas
• Decided: February 27, 2018
• Docket: 01-17-00790-CR
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Cause number: 01-17-00790-CR Style: Frank Gill v. The State of Texas Date motion filed*: February 21, 2018 Type of motion: Second Motion for Extension of Time to File Appellant’s Brief Party filing motion: Appellant’s appointed counsel Danny K. Easterling Document to be filed: Appellant’s Brief

Is appeal accelerated? No.

If motion to extend time: Original due date: December 11, 2017 Number of extensions granted: 1 Current Due Date: February 9, 2018 Date Requested: April 9, 2018 (119 days from original due date)

Ordered that motion is:  Granted If document is to be filed, document due: April 9, 2018.  No further extensions of time will be granted.  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ The Clerk of this Court’s February 20, 2018 notice warned counsel that because his brief had not been timely filed, if the Court does not receive a motion or brief within 10 days of that notice, it would abate this case for a late-brief hearing. See TEX. R. APP. P. 38.8(b)(2). Because appellant’s counsel’s request was timely and states that he has been busy with several court appearances and other appeals, it is granted, but counsel is warned that no further extensions will be granted due to the total length requested. See TEX. R. APP. P. 10.5(b)(1)(B), (C), 38.6(d). Accordingly, if appellant’s brief is not filed by April 9, 2018, this Court may abate this case. See id. 38.8(b)(2).

Judge’s signature: /s/ Laura C. Higley  Acting for the Court Date: February 27, 2018

November 7, 2008 Revision