Reginald Dwayne Melton v. State

Opinion

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In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-13-00032-CR

Reginald DWAYNE Melton, APPELLANT

V.

The State of Texas, APPELLEE

On Appeal from the County Court at Law Navarro County, Texas Trial Court No. C34415, Honorable Amanda Doan Putman, Presiding

April 24, 2013

ORDER DENYING MOTION FOR EXTENSION

Before aCAMPBELL and HANCOCK and PIRTLE, JJ.

Following a plea of not guilty, Appellant, Reginald Dwayne Melton, was convicted by a jury of possession of a controlled substance in a drug-free zone and sentenced to fifteen years confinement and a $10,000 fine. Notice of appeal was filed on December 5, 2012. Both the clerk's record and reporter's record have been filed and Appellant's brief was due to be filed on February 6, 2013. Three extensions of time have been granted making the most recent due date April 8, 2013. On April 16, 2013, a fourth motion for extension of time was filed requesting an additional thirty days. Appellant's only explanation of "good cause" is that he needs additional time to "actually finish writing" the brief.

By order of the Court, Appellant's motion for extension of time is hereby denied. Appellant's brief is due instanter. Failure to file the brief by Monday, May 6, 2013, will result in the appeal being abated and the cause remanded to the trial court for further proceedings pursuant to Rule 38.8(b)(2) of the Texas Rules of Appellate Procedure.

It is so ordered.

Per Curiam

Do not publish.