Herbert Garfiled Gardner v. State ( 2015 )

Motion Denied and Order filed May 14, 2015. In The Fourteenth Court of Appeals ____________ NO. 14-14-00690-CR ____________ HERBERT GARFILED GARDNER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 180th District Court Harris County, Texas Trial Court Cause No. 1372136 ORDER Appellant is represented by appointed counsel, Patti Sedita. Appellant’s brief was originally due January 14, 2015. We granted a total of 90 days extension of time to file appellant’s brief until April 15, 2015. When we granted the last extension, we noted that no further extensions would be granted absent exceptional circumstances. No brief was filed. On April 28, 2015, counsel filed a further request for extension of time to file appellant’s brief. Counsel did not allege any exceptional circumstances in the request. We deny the request for extension and issue the following order. Accordingly, we order Patti Sedita to file a brief with the clerk of this court within 30 days of the date of this order. If counsel does not timely file appellant’s brief as ordered, the court will issue an order abating the appeal and directing the trial court to conduct a hearing to determine the reason for the failure to file the brief and the consideration of sanctions, appointment of new counsel, or other appropriate relief. PER CURIAM Panel consists of Christopher, Brown and Wise