ROOSEVELT SMITH, JR. v. THE STATE OF TEXAS (original)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. AP-75,793

ROOSEVELT SMITH, JR., Appellant

v.



THE STATE OF TEXAS



ON DIRECT APPEAL FROM CAUSE NO. 1045419

IN THE 263RD JUDICIAL DISTRICT COURT

HARRIS COUNTY

Per Curiam.

ORDER



The above-styled and numbered cause is pending before this Court as a result of appellant's capital murder conviction and resulting sentence of death in the 263rd Judicial District Court of Harris County, Cause No. 1045419, styled The State of Texas v. Roosevelt Smith, Jr. Appellant's counsel has filed a motion for an extension of time to file appellant's brief. He asserts that this is the first guilt phase substantive issue that he has had the opportunity to raise in a long time, and it has taken longer than anticipated. Counsel also asserts that he has been extremely busy meeting his obligations in a number of other state and federal cases to which he has been appointed.

The Clerk's Record in this case was filed on December 7, 2007. The Reporter's Record was filed January 7, 2008. Appellant's brief was originally due on February 6, 2008. On February 14, 2008, more than a week after the day appellant's brief was due, appellant's counsel filed a motion to extend the filing date of the brief. This Court granted an extension to July 7, 2008, with a warning that no further extensions would be entertained. On July 10, 2008, again after the date his brief was due, counsel filed a motion to abate the appeal for the trial court to file findings and conclusions. This Court denied the motion the same day.

Counsel did not attempt to file an incomplete brief or another motion for extension at that time. Instead, he waited yet another three-and-a-half weeks until August 4, 2008, to file his motion to extend the filing deadline of appellant's already late brief. In a separate order issued this day, appellant's counsel has been ordered to show cause for his failure to timely file a brief, or be held in contempt.

Meanwhile, the trial court is directed to prepare and file findings of fact and conclusions of law as required by Article 38.22, section 6, regarding the voluntariness of appellant's statement. The trial court clerk must then prepare, certify, and file in this Court a supplemental clerk's record containing the findings and conclusions. The findings and conclusions are to be made and the supplemental clerk's record is to be filed within 20 days of the date of this order. See Tex. R. App. P. 34.5(c).

IT IS SO ORDERED THIS THE 11th DAY OF AUGUST, 2008.

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