Solomon Getachew Worku v. State

• Court: Court of Appeals of Texas
• Decided: September 5, 2013
• Docket: 14-13-00047-CR
• Status: Published

Opinion

Motion Granted; Order filed September 5, 2013

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00047-CR ____________

SOLOMON GETACHEW WORKU, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1799333

ORDER

Appellant is represented by retained counsel, Matthew DeLuca. Appellant’s brief was originally due May 28, 2013. We granted three extensions of time to file appellant’s brief until August 28, 2013. When we granted the last extension, we noted that no further extensions would be granted absent exceptional circumstances. No brief was filed. On August 28, 2013, counsel filed a further request for extension of time to file appellant’s brief. To date, counsel has submitted no brief. We grant the request and issue the following order. We order Matthew DeLuca to file a brief with the clerk of this court on or before October 3, 2013.

Texas Rule of Appellate Procedure 38.8(b)(2) provides:

Notice. If the appellant’s brief is not timely filed, the appellate clerk must notify counsel for the parties and the trial court of that fact. If the appellate court does not receive a satisfactory response within ten days, the court must order the trial court to immediately conduct a hearing to determine whether the appellant desires to prosecute his appeal, whether the appellant is indigent, or, if not indigent, whether retained counsel has abandoned the appeal, and to make appropriate findings and recommendations.

If Matthew DeLuca does not timely file the brief as ordered, the court may issue an order requiring appointment of counsel.

PER CURIAM