Clarence Cerf v. The State of Texas--Appeal from 251st District Court of Potter County
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NO. 07-10-00451-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B AUGUST 23, 2011 CLARENCE CERF, APPELLANT v. THE STATE OF TEXAS, APPELLEE FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NO. 55,527-C; HONORABLE PATRICK PIRTLE, JUDGE Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. ORDER On August 3, 2011, and in response to counsel s failure to respond to the Court s notice of late brief, we abated and remanded the instant cause to the trial court for the purpose of conducting a hearing to determine whether appellant desires to prosecute the appeal and other findings related to counsel s representation of appellant. See TEX. R. APP. P. 38.8(b). Prior to the deadline given for the trial court s hearing, appellant s counsel has filed in this Court a motion for extension of time in which to file appellant s brief. In this motion, counsel has provided this Court with facts constituting a reasonable explanation for the need for an extension of time in which to file appellant s brief. See TEX. R. APP. P. 10.5(b)(1)(C). Counsel has requested an extension to September 5, 2011. Finding that counsel s motion satisfies Rule 10.5 s requirements and effectively serves the purposes sought to be achieved by the trial court s hearing on remand, we hereby vacate our order of August 3, 2011 in which we abated and remanded the instant cause, reinstate the instant cause, and grant appellant s motion for extension of time in which to file appellant s brief to September 6, 2011. IT IS SO ORDERED. Per Curiam Do not publish. 2
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