Felipe Hernandez v. State ( 2018 )

Fourth Court of Appeals San Antonio, Texas December 12, 2018 No. 04-18-00265-CR Felipe HERNANDEZ, Appellant v. The STATE of Texas, Appellee From the 365th Judicial District Court, Zavala County, Texas Trial Court No. 17-12-03717-ZCRAJA Honorable Amado J. Abascal, III, Judge Presiding ORDER Appellant’s appointed counsel filed an Anders brief. This court provided the pro se appellant with a copy of the record pursuant to his request filed October 30, 2018. The pro se appellant acknowledges he received a copy of the record on November 11, 2018. Pursuant to this court’s order of November 1, 2018, appellant’s pro se brief was due on or before December 17, 2018. On November 30, 2018, the pro se appellant filed his first motion for extension of time to file his brief. The pro se appellant did not ask for a specific date with regard to his extension. By order dated December 12, 2018, we granted the pro se appellant’s first motion for extension of time, granting him an addition thirty days in which to file his brief. Based on our grant of thirty days, the pro se appellant’s brief is currently due in this court on or before January 16, 2019. On December 10, 2018, the pro se appellant filed a second “first motion for extension of time to file appellant’s pro se brief.” In that document, the pro se appellant again requests a thirty-day extension of time from the original December 17, 2018 due date. Thus, it appears this motion was sent before the pro se appellant received our order granting his first request for an extension. As such, this second “first” motion is duplicative. Accordingly, we DENY AS MOOT appellant’s pro se extension filed on December 10, 2018. Appellant’s pro se brief is currently due to be filed in this court on or before January 16, 2019. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of December, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court