Rigo Guerra v. State

Court of Appeals of Texas

Rigo Guerra v. State

DecidedJanuary 21, 2014

Docket04-13-00395-CR

StatusPublished

This text of Rigo Guerra v. State (Rigo Guerra 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.

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Rigo Guerra v. State, (Tex. Ct. App. 2014).

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Opinion

The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas January 21, 2014

No. 04-13-00395-CR

Rigo GUERRA, Appellant v. The STATE of Texas, Appellee

From the 81st Judicial District Court, La Salle County, Texas Trial Court No. 11-09-00042-CRL Honorable Donna S. Rayes, Judge Presiding

ORDER Appellant’s brief was originally due to be filed on November 18, 2013. Appellant’s first motion requesting an extension of time to file the brief was granted, extending the deadline for filing the brief to December 18, 2013. On December 27, 2013, the appellant filed a motion requesting an additional extension of time to file the brief until January 17, 2014, for a total extension of sixty days. By order dated December 30, 2013, the motion was granted. The order stated that appellant’s brief must be filed by January 14, 2014. The motion further stated, “THIS IS THE FINAL EXTENSION OF TIME THAT THE APPELLANT WILL BE GRANTED.”

The brief was not filed by the deadline stated in this court’s order. It is therefore ORDERED that the appellant’s brief must be filed in this appeal no later than January 27, 2014. If the brief is not filed by January 27, 2014, this appeal will be abated to the trial court for an abandonment hearing, and the trial court will be asked to consider whether sanctions are appropriate against appellant’s attorney. TEX. R. APP. P. 38.8(b)(2).

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of January, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas January 21, 2014

No. 04-13-00395-CR

Rigo GUERRA, Appellant v. The STATE of Texas, Appellee

From the 81st Judicial District Court, La Salle County, Texas Trial Court No. 11-09-00042-CRL Honorable Donna S. Rayes, Judge Presiding

ORDER Appellant’s brief was originally due to be filed on November 18, 2013. Appellant’s first motion requesting an extension of time to file the brief was granted, extending the deadline for filing the brief to December 18, 2013. On December 27, 2013, the appellant filed a motion requesting an additional extension of time to file the brief until January 17, 2014, for a total extension of sixty days. By order dated December 30, 2013, the motion was granted. The order stated that appellant’s brief must be filed by January 14, 2014. The motion further stated, “THIS IS THE FINAL EXTENSION OF TIME THAT THE APPELLANT WILL BE GRANTED.”

The brief was not filed by the deadline stated in this court’s order. It is therefore ORDERED that the appellant’s brief must be filed in this appeal no later than January 27, 2014. If the brief is not filed by January 27, 2014, this appeal will be abated to the trial court for an abandonment hearing, and the trial court will be asked to consider whether sanctions are appropriate against appellant’s attorney. TEX. R. APP. P. 38.8(b)(2).

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of January, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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Rigo Guerra v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rigo-guerra-v-state-texapp-2014.