Raul Daniel Norris v. State

• Court: Court of Appeals of Texas
• Decided: January 25, 2019
• Docket: 04-18-00447-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 25, 2019

No. 04-18-00447-CR

Raul Daniel NORRIS, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR9017 Honorable Raymond Angelini, Judge Presiding

ORDER Appellant’s brief was due January 10, 2019, but neither the brief nor a motion for extension of time was filed. Accordingly, this court sent a notice to appellant on January 14, 2019, advising that the brief was past due. See TEX. R. APP. P. 38.8(b)(2). On January 17, 2019, in response to our notice, appellant filed a letter asking that this court grant him a sixty-day extension of time in which to file his brief.

First, we advise appellant that future requests for extension of time must be filed in accordance with Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure, which governs motions for extension of time — except motions to extend time to file a notice of appeal — in the appellate courts. See id. R. 10.5(b)(1); see also id. 38.6(d). Second, we will construe appellant’s letter as a motion to extend time to file appellant’s brief. Finally, after review, we GRANT IN PART AND DENY IN PART appellant’s motion for extension of time. More specifically, we DENY appellant’s request for a sixty-day extension, but GRANT appellant a thirty-day extension of time in which to file appellant’s brief. We ORDER appellant to file his brief in this court on or before February 11, 2019.

We order the clerk of this court to serve a copy of this order on all counsel.

_________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of January, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court