Michael Scott Chastain v. State ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00152-CR
MICHAEL SCOTT CHASTAIN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 220th District Court
Bosque County, Texas
Trial Court No. CR15457
ABATEMENT ORDER
Appellant’s brief is overdue in this appeal. Our January 2, 2019 order to
appellant’s counsel states:
Appellant’s brief was originally due on or before October 18, 2018.
When no brief was filed on that date, the Court notified appellant by letter
dated October 25, 2018 that the brief was late and that, unless a brief or
satisfactory response was received within fourteen days, the Court would
abate the appeal and order the trial court to immediately conduct a hearing
pursuant to Texas Rule of Appellate Procedure 38.8(b)(2) and (3). See TEX.
R. APP. P. 38.8(b)(2), (3). No brief was filed, but on November 27, 2018,
appellant filed a Motion for Extension of Time to File Brief.
Before we ruled on appellant’s motion, the trial court sua sponte held
a hearing regarding appellant’s failure to timely file a brief. Appellant’s
attorney told the trial court that appellant’s brief would be filed on
November 30, 2018. The trial court directed that a copy of the reporter’s
record from that proceeding be filed with this Court. Appellant’s brief was
not filed on November 30, 2018.
We thereafter granted appellant’s Motion for Extension of Time and
directed that appellant’s brief be filed no later than January 3, 2019.
Appellant was also warned that no further extensions would be entertained
absent extraordinary circumstances. Appellant has now filed an additional
Motion to Extend Time to File appellant’s brief until January 13, 2019.
An extension of time until January 13, 2019 would be a total of 147
days to file the brief. The Rules of Appellate Procedure establish the norm
that a brief should be filed in 30 days. Id. at 38.6(a). Accordingly,
appellant’s motion for an extension of time to file appellant’s brief is only
partially granted. Appellant’s brief is due no later than January 11, 2019. If
appellant’s brief is not filed by January 11, 2019, we will abate this appeal
and order the trial court to immediately conduct a hearing pursuant to Rule
38.8(b)(2) & (3). Id.
Appellant’s attorney has not filed the brief as ordered, but has filed another motion
requesting additional time without specifying any cause for the delay. We therefore
abate this appeal to the trial court to conduct any necessary hearings within 21 days of
the date of this order in accordance with Texas Rule of Appellate Procedure 38.8(b)(2)
and (3). TEX. R. APP. P. 38.8(b)(2), (3).
The supplemental clerk’s and reporter’s records required by the rule, if any, are
ordered to be filed within 35 days of the date of this Order. See id.
PER CURIAM
Before Chief Justice Gray and
Justice Davis
Order issued and filed January 30, 2019
Chastain v. State Page 2