Manuel Delatorre Perez v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00157-CR
MANUEL DELATORRE PEREZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2017-150-C1
ORDER
The State’s brief was originally due on November 7, 2018. A first extension of time
of 30 days was granted, and the State’s brief was due on December 7, 2018. A second
extension of time of 31 days was granted, and the State’s brief was due January 7, 2019.
Now, the State has requested an additional 30 days which would make the brief due on
February 6, 2019. This most recent request has pushed the total days to file the brief to
121 days to file a brief that the Rules of Appellate Procedure provide should be filed in
30 days. We cannot, in good conscience, grant the State four times the amount of time
allowed by the rules to file the State’s brief.
Accordingly, the State’s Motion for Extension of Time to File the State’s Brief is
denied. The State’s brief is due February 6, 2019. The failure to file a brief may result in
confession of error by the State. See State v. Fielder, 376 S.W.3d 784, 785 (Tex. App.—Waco
2011, no pet.).
PER CURIAM
Before Chief Justice Gray, and
Justice Davis
Motion denied
Order issued and filed January 16, 2019
Perez v. State Page 2