German Perez-Vasquez v. The State of Texas

Perez-Vasquez v. State · Court of Appeals for the First District of Texas at Houston · January 5, 2017 · No. 01-15-00882-CR

Summary

The First District Court of Appeals of Texas reinstated German Perez-Vasquez’s criminal appeal after appointed counsel filed a late brief. The court withdrew its abatement order, granted the motion to exceed the brief’s page limit, accepted the late-filed brief, and ordered the State’s brief due within 30 days.

Holdings

  1. The appeal should be reinstated, and the prior abatement order should be withdrawn, because appointed counsel filed the appellant's brief and moved to reinstate the appeal.
  2. The court granted appellant's motion to exceed the brief's page limit and accepted the late-filed brief.
  3. The motion for an additional extension of time was denied, although the late-filed brief was accepted.

Questions Presented

  1. Whether the appeal should be reinstated after appointed counsel filed the appellant's brief following abatement.
  2. Whether the court should accept the late-filed brief and grant permission to exceed the brief's page limit.
  3. Whether counsel's motion for an additional extension should be granted.

Disposition

other

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