Michael Smith v. State

• Court: Court of Appeals of Texas
• Decided: August 8, 2017
• Docket: 14-17-00129-CR
• Status: Published

Opinion

Motion Denied; Order filed August 8, 2017.

In The

Fourteenth Court of Appeals ____________

NO. 14-17-00129-CR ____________

MICHAEL SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1430835

ORDER

Appellant is represented by appointed counsel, Cheri Duncan. Appellant’s brief was originally due April 19, 2017. We have granted extensions of time to file appellant’s brief through August 2, 2017. When we granted the last extension, we noted that no further extensions would be granted absent exceptional circumstances. No brief was filed. On August 2, 2017, counsel filed a further request for extension of time to file appellant’s brief. Counsel did not allege any exceptional circumstances in the request. We deny the request for extension and issue the following order.

Accordingly, we order Cheri Duncan to file a brief with the clerk of this court on or before September 2, 2017. If counsel does not timely file appellant’s brief as ordered, the court may issue an order abating the appeal and directing the trial court to conduct a hearing to determine the reason for the failure to file the brief and the consideration of sanctions, appointment of new counsel, or other appropriate relief.

PER CURIAM

Panel consists of Justices Christopher, Brown, and Wise.