David Gene Becka v. The State of Texas

No. 04-22-00725-CV · Fourth Court of Appeals of Texas, San Antonio · November 10, 2022 · No. 04-22-00725-CV

Summary

The Fourth Court of Appeals of Texas granted David Gene Becka’s motion for an extension of time to file his notice of appeal. The court deemed the notice timely under Texas Rule of Appellate Procedure 26.3 after finding that it was filed within the applicable fifteen-day extension period and that the appellant provided a reasonable explanation.

Holdings

  1. A motion for extension of time to file the notice of appeal was properly granted because the notice was filed within fifteen days after it was due and appellant provided the required reasonable explanation for the extension.

Questions Presented

  1. Whether appellant's late notice of appeal should be deemed timely when it was filed within fifteen days after the deadline and appellant provided a reasonable explanation for the requested extension.

Disposition

other

Cases Cited (3)

  • Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)(applied)
  • In re E.K.C., 486 S.W.3d 614, 616 (Tex. App.—San Antonio 2016, no pet.)(applied)
  • Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989)(applied)

Cited In (0)

No citing cases on record yet.

Court Document

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