Fourth Court of Appeals San Antonio, Texas February 17, 2023 No. 04-22-00766-CR Matthew Hernandez YANEZ, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR10156 Honorable Laura Lee Parker, Judge Presiding

ORDER Appellant’s brief was due on January 26, 2023. To date, no brief or motion for extension of time to file a brief has been filed.

We order Appellant’s counsel Patrick B. Montgomery to file a motion for extension of time, a motion to dismiss, or the brief within ten days of the date of this order.

If no brief or motion is filed by that date, we will abate this appeal to the trial court for an abandonment hearing without further notice. See TEX. R. APP. P. 38.8(b)(2).

Appellant’s counsel is cautioned that, to protect Appellant’s rights, this court may initiate proceedings under Rule 38. See id. R. 38.8(b)(4).

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of February, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court