Ex Parte Miguel Martinez ( 2018 )

Fourth Court of Appeals San Antonio, Texas September 14, 2018 No. 04-17-00280-CR Ex Parte Miguel MARTINEZ, Appellant From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR4203 Honorable W.C. Kirkendall, Judge Presiding ORDER Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice (not participating) Irene Rios, Justice The court’s opinions – majority and dissenting – issued July 31, 2018. After an extension of time was granted, appellant’s motion for rehearing was due September 4, 2018. On the due date, appellant filed a motion for en banc reconsideration. In addition, appellant filed a motion asking this court to allow appellant to exceed the prescribed word limit for the en banc motion. The word limit for a motion for rehearing, pursuant to the rules of appellate procedure, is 4,500 words. Tex. R. App. P. 9.4(i)(2)(D). The motion filed by appellant contain 5,293 words, exceeding the word limit. After review, we GRANT appellant’s motion to exceed the word limit with regard to the motion for en banc reconsideration. We order the clerk of this court to serve a copy of this order on all counsel. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of September, 2018. ___________________________________ Keith E. Hottle Clerk of Court