Cole Canyon Lockhart v. State ( 2014 )

NUMBER 13-13-00608-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
COLE CANYON LOCKHART, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 424th District Court
of Llano County, Texas.
ORDER TO FILE APPELLATE BRIEF
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
This appeal was transferred to this Court from the Third Court of Appeals by order
of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West, Westlaw
through 2013 3d C.S.) (delineating the jurisdiction of appellate courts); TEX. GOV'T CODE
ANN. § 73.001 (West, Westlaw through 2013 3d C.S.) (granting the supreme court the
authority to transfer cases from one court of appeals to another at any time that there is
“good cause” for the transfer). This cause is currently before the Court on appellant's
second unopposed extension of time to file the brief. The reporter’s record was filed on
December 19, 2013, and appellant’s brief was originally due to be filed thirty days
thereafter. See Tex. R. App. P. 38.6(a). This Court has previously granted appellant
one extension of time totaling 90 days to file the brief, and appellant now seeks an
additional ninety days, until July 21, 2014, to file the brief.
The Court GRANTS appellant’s second unopposed motion to file the brief and
ORDERS the Honorable Tracy D. Cluck to file the brief on or before July 21, 2014. The
Court looks with disfavor on the delay caused by counsel’s failure to timely file a brief in
this matter. No further extensions will be granted absent exigent circumstances. If
counsel fails to file the brief within the specified period of time, the Court will act
appropriately to ensure that appellant's rights are protected. See id. R. 38.8(b)(4). The
Clerk of this Court is ORDERED to serve a copy of this order on the Honorable Tracy D.
Cluck by certified mail, return receipt requested.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
29th day of April, 2014.
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