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Cardoso v. State

Court of Appeals of Texas, Fourth District, San Antonio

December 30, 2013

Jesus CARDOSO, Appellant
v.
The STATE of Texas, Appellee

From the County Court at Law No. 12, Bexar County, Texas Trial Court No. 408262 Honorable Scott Roberts, Judge Presiding

ORDER

Patricia O. Alvarez, Justice

Appellant Jesus Cardoso filed his brief on December 27, 2013. Appellant's brief does not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1(g). Specifically, the brief does not contain any citations to the record in the statement of facts. See id. R. 38.1(g) ("The statement [of facts] must be supported by record references.").

This court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.

Therefore, we STRIKE Appellant's brief and ORDER appellant Jesus Cardoso to file an amended brief within FIFTEEN DAYS of the date of this order. The amended brief must correct all of the violations listed above and fully comply with the applicable rules. See, e.g., id. R. 9.4, 9.5, 38.1.

If the amended brief does not comply with this order, we "may strike the brief, prohibit [Appellant] from filing another, and proceed as if [Appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(b)(4) (authorizing this court to initiate contempt proceedings against appellant's counsel under certain circumstances).

If Appellant timely files a brief that complies with this order, the State's brief will be due thirty days after Appellant's brief ...


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