COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-17-00538-CR Style: Martin Hernandez v. The State of Texas Date motion filed*: December 7, 2017 Type of motion: Second Motion for Extension of Time to File Brief; Notice of Appearance with attached finding of indigency Party filing motion: Appellant’s Newly-Appointed Counsel Dal Ruggles Document to be filed: Appellant’s Brief Is appeal accelerated? No. If motion to extend time: Original due date: October 9, 2017 Number of extensions granted: 1 Current Due Date: December 8, 2017 Date Requested: January 22, 2018 (45 days, 105 days from original) Ordered that motion is:  Granted If document is to be filed, document due: January 22, 2018.  No further extensions of time will be granted absent extraordinary circumstances.  Denied  Dismissed (e.g., want of jurisdiction, moot)  Other: _____________________________________ Because appellant’s new counsel was appointed on November 9, 2017, appellant’s second extension is the first by new counsel and is granted, but counsel is warned that no further extensions will be granted absent extraordinary circumstances. See TEX. R. APP. P. 10.5(b)(1)(B), 38.6(d). Also, appellant’s notice of appearance is construed as a motion for substitution of counsel and is granted. See id. 6.5(d).

However, withdrawing counsel Alexander L. Calhoun is ordered to mail a copy of the notice and this order to the pro se appellant via certified and first-class mail and to file a certificate of service with this Court within 10 days of the date of this order. See id. 6.5(b), (d). The Clerk of this Court is directed to remove Alexander L. Calhoun as counsel and substitute Dal Ruggles as the lead counsel of record.

Judge’s signature: /s/ Laura C. Higley  Acting individually Acting for the Court Date: December 12, 2017 November 7, 2008 Revision