Fourth Court of Appeals San Antonio, Texas January 25, 2019 No. 04-18-00491-CR Nicolas PENA Jr., Appellant v. The STATE of Texas, Appellee From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2017CRF001125-D1 The Honorable Mark R. Luitjen, Judge Presiding

ORDER After we granted Appellant’s first motion for a sixty-day extension of time to file the brief, Appellant’s court-appointed counsel José L. Arce timely filed the brief on January 22, 2019. See TEX. R. APP. P. 38.6(a).

The same day, Ross A. Rodriguez, who states he is Appellant’s newly retained appellate counsel, filed a motion for extension of time to file Appellant’s brief. We construe the motion as a motion for extension of time to file an amended brief.

The motion is GRANTED. Appellant’s amended brief is due on February 21, 2019.

Any further motion for extension of time to file Appellant’s brief will be disfavored.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of January, 2019. ___________________________________ KEITH E. HOTTLE, Clerk of Court