Nolan Michael Shultz v. State
This text of Nolan Michael Shultz v. State (Nolan Michael Shultz v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-15-00412-CR
NOLAN MICHAEL SHULTZ, Appellant v.
THE STATE OF TEXAS, Appellee
From the County Court Navarro County, Texas Trial Court No. 70470
ORDER
Appellant was convicted of driving while intoxicated and sentenced to 180 days
in jail and a $4,000 fine. His sentence was suspended and appellant was placed on
community supervision for 18 months.
After determining that, due to appellant’s failure to pay for the reporter’s record,
no reporter’s record would be filed, the appeal was submitted on the clerk’s record alone;
and appellant’s brief was due on March 28, 2016. When no brief was filed, appellant was
notified of the late brief. Appellant subsequently filed a motion for extension of time to file his brief, requesting a 60 day extension. That motion was granted and appellant’s
brief was due June 3, 2016.
On June 3, 2016, appellant submitted a second motion for extension of time to file
his brief, requesting another 60 day extension. As a reason for the extension, counsel for
appellant asserted that he had a brief due in another appeal in this Court for which he
was given no further extensions. Like that appeal, there is nothing to indicate that this
appeal is anything other than a routine appeal.
Accordingly, appellant’s motion for extension of time to file his brief is denied. His
brief is ordered to be filed no later than 5:00 p.m. on July 20, 2016. This gives appellant a
total of 146 days to do what the appellate rules allocate 30 days in a routine appeal such
as this. See TEX. R. APP. P. 38.6(a). If the brief is not timely filed, the Court will abate the
appeal for a hearing to determine if appellant is receiving effective assistance of counsel.
See TEX. R. APP. P. 38.8(b).
PER CURIAM
Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion denied Order issued and filed June 15, 2016
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