Court of Civil Appeals of Texas, 2019

Michael Lee Brooks v. State

Michael Lee Brooks v. State
Court of Civil Appeals of Texas · Decided May 29, 2019

Michael Lee Brooks v. State

Opinion

Order entered May 29, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01401-CR No. 05-18-01402-CR No. 05-18-01403-CR MICHAEL LEE BROOKS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F16-56811-Q, F16-56812-Q & F16-56813-Q ORDER Before the Court are the State’s May 23, 2019 second motion for extension of time to file the State’s brief, brief tendered on May 23, 2019, and May 24, 2019 motion to withdraw the second motion for extension. The State’s second motion for extension requests an extension of time to file the State’s brief in all three cases. The State’s brief lists all three cases in its caption.

The State’s motion to withdraw, filed only in cause no. 05-18-01401-CR, acknowledges that appellant has filed an Anders brief in cause nos. 05-18-01401-CR and 05-18-01402-CR. The State reports that it does not intend to file a brief in response to the Anders brief. Appellant filed a brief on the merits in cause no. 05-18-01403-CR, and the State’s tendered brief addresses the merits of cause no. 05-18-01403-CR.

We interpret the State’s two motions together as showing the State is requesting an extension of time to file its brief which should be filed only in cause no. 05-18-01403-CR. The State’s motions are GRANTED for that purpose. We EXTEND the time to file the State’s brief in cause no. 05-18-01403-CR and ORDER the State’s brief filed in cause no. 05-18-01403-CR as of the date of this order.

We STRIKE the State’s brief to the extent it applies to cause nos. 05-18-01401-CR and 05-18-01402-CR.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE

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