Tommy Luna v. State

Fourth Court of Appeals
San Antonio, Texas
October 30, 2018
No. 04-18-00067-CR
Tommy LUNA,
Appellant
v.
The STATE of Texas,
Appellee
From the 49th Judicial District Court, Webb County, Texas
Trial Court No. 2016-CRN-000986-D1
Honorable Jose A. Lopez, Judge Presiding
ORDER
Appellant’s brief was originally due on August 2, 2018. After we granted Appellant’s
first and second motions for extensions of time to file the brief, the brief was due on October 16,
2018.
To date, no brief or further motion for extension of time to file the brief has been filed.
We ORDER Appellant’s court-appointed attorney Francisco Javier Montemayor Jr. to
file either a motion to dismiss or the brief within TEN DAYS of the date of this order.
If no brief or motion is filed by that date, we will abate this appeal to the trial court for an
abandonment hearing without further notice. See TEX. R. APP. P. 38.8(b)(2).
Appellant’s attorney Francisco Javier Montemayor Jr. is cautioned that, to protect
Appellant’s rights, this court may initiate proceedings under Rule 38. See id. R. 38.8(b)(4).
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 30th day of October, 2018.
___________________________________
KEITH E. HOTTLE,
Clerk of Court