TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00514-CR

Teodoro Sosa, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT

NO. D-1-DC-05-300497, HONORABLE MICHAEL LYNCH, JUDGE PRESIDING

O R D E R

Appellant's brief on appeal was due November 19, 2008. On counsel's motions, the time for filing was extended to April 27, 2009. When counsel failed to file a brief by that date, this Court abated the case for a hearing. See Tex. R. App. P. 38.8(b)(2). At the hearing, the trial court found that appellant desires to continue the prosecution of his appeal and that counsel "claims the delay in filing a brief is due to the late preparation of the record and his busy appellate and trial record."

Appellant's counsel, Leonard Martinez, is ordered to file a brief on appellant's behalf no later than August 3, 2009. Failure to do so may result in an order to show cause why Martinez should not be held in contempt for failing to obey an order of this Court. No further extensions of time for filing the brief will be granted.

It is so ordered this 28th day of July 2009.

___________________________________________

Diane M. Henson, Justice

Before Chief Justice Jones, Justices Puryear and Henson