Juan De Los Santos-Salas v. the State of Texas

Court of Appeals of Texas

Juan De Los Santos-Salas v. the State of Texas

DecidedJanuary 9, 2023

Docket04-22-00396-CR

StatusPublished

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Juan De Los Santos-Salas v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

Fourth Court of Appeals San Antonio, Texas January 9, 2023

No. 04-22-00396-CR

Juan DE LOS SANTOS-SALAS, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR0415 Honorable Frank J. Castro, Judge Presiding

ORDER Appellant’s brief originally was due on November 3, 2022. Appellant was granted two extensions, the latest until January 4, 2023. On January 5, 2023, appellant’s appointed attorney, Ms. Nancy Knox-Bierman, filed a brief that violates Texas Rule of Appellate Procedure 38.1 in that it either contains no citations to the record or the citations are incorrect because they are cites to the clerk’s record and not the reporter’s record. See TEX. R. APP. P. 38.1(d), (g), (i). It is therefore ORDERED that the brief filed by appellant is STRICKEN from our record. It is FURTHER ORDERED that Ms. Knox-Bierman file an amended brief in compliance with the Texas Rules of Appellate Procedure no later than January 19, 2023 or this appeal will be subject to abatement to the trial court. See TEX. R. APP. P. 38.8(b).

_________________________________ Lori I. Valenzuela, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of January, 2023.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas January 9, 2023

No. 04-22-00396-CR

Juan DE LOS SANTOS-SALAS, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR0415 Honorable Frank J. Castro, Judge Presiding

ORDER Appellant’s brief originally was due on November 3, 2022. Appellant was granted two extensions, the latest until January 4, 2023. On January 5, 2023, appellant’s appointed attorney, Ms. Nancy Knox-Bierman, filed a brief that violates Texas Rule of Appellate Procedure 38.1 in that it either contains no citations to the record or the citations are incorrect because they are cites to the clerk’s record and not the reporter’s record. See TEX. R. APP. P. 38.1(d), (g), (i). It is therefore ORDERED that the brief filed by appellant is STRICKEN from our record. It is FURTHER ORDERED that Ms. Knox-Bierman file an amended brief in compliance with the Texas Rules of Appellate Procedure no later than January 19, 2023 or this appeal will be subject to abatement to the trial court. See TEX. R. APP. P. 38.8(b).

_________________________________ Lori I. Valenzuela, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of January, 2023.

___________________________________ Michael A. Cruz, Clerk of Court

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Juan De Los Santos-Salas v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juan-de-los-santos-salas-v-the-state-of-texas-texapp-2023.