Order entered October 1, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00196-CR No. 05-21-00197-CR DAVID MONROE SMITHERMAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause Nos. 20-10343-422-F & 20-10344-422-F ORDER Before the Court is appellant’s September 29, 2021 third motion to extend time to file his brief. We GRANT the motion and ORDER his brief filed no later than October 14, 2021.

Appellant is cautioned that the failure to file his brief by October 14, 2021, may result in these appeals being abated for a hearing under rule 38.8(b). See TEX. R. APP. P. 38.8(b)(2).

/s/ DENNISE GARCIA JUSTICE