Lewis Wheeler v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 27, 2023
• Docket: 03-22-00528-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00528-CR

Lewis Wheeler, Appellant

v.

The State of Texas, Appellee

FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-22-904011, THE HONORABLE CHANTAL ELDRIDGE, JUDGE PRESIDING

ORDER

PER CURIAM

Appellant’s brief on appeal was originally due November 10, 2022. Because no

brief was filed on that date, the clerk’s office of this Court sent an overdue brief notice saying

that if the Court did not receive a motion for extension of time or a brief accompanied by a

motion for extension of time by December 19, 2022, the Court may order a hearing under

Rule 38.8. On January 24, 2023, appellant’s attorney filed an “Out-of-Time Motion to Extend

Time to File Appellant’s Brief” requesting an additional 90 days to file appellant’s brief. We

grant in part the motion for extension of time and order appellant’s attorney to file a brief no later

than February 27, 2023. No further extension of time will be granted and failure to comply with

this order will result in the referral of this case to the trial court for a hearing under Rule 38.8(b)

of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.8(b).

It is ordered on January 27, 2023. Before Justices Baker, Kelly, and Smith

Do Not Publish