William Maynard Hayes v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00252-CR
WILLIAM MAYNARD HAYES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 2
McLennan County, Texas
Trial Court No. 2017-1790-CR2
ORDER
The State’s brief was originally due on March 15, 2019. A first extension of time of
31 days was granted, and the State’s brief was then due April 15, 2019. A second
extension of time of 30 days was granted, and the State’s brief was then due May 15, 2019.
Now, the State has requested an additional 30 days which would make the brief due on
June 14, 2019. This most recent request would push 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 where there is no suggestion in the motion
that this case is unusual in any way.
Accordingly, the State’s Motion for Extension of Time to File the State’s Brief is
denied. The State’s brief is due June 12, 2019. If not filed by the deadline set herein, the
appeal will proceed to disposition and, thus, may be decided without the State’s brief
which 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,
Justice Davis, and
Justice Neill
Motion denied
Order issued and filed May 22, 2019
Hayes v. State Page 2