Donald Aekins, Appellant v. The State of Texas, Appellee (2016)

ORDER

Appellant Donald Aekins, a Texas prison inmate appearing pro se, has appealed the trial court's order denying his motion for post-conviction DNA testing pursuant to Chapter 64 of the Code of Criminal Procedure.  Appellant's brief was due on or before February 29, 2016.  Instead, appellant has filed a motion requesting a sixty-day extension of the deadline.  According to appellant, additional time is necessary to prepare his brief because the record of voir dire from the trial in which he was convicted is incomplete.  Appellant states he has filed a motion in the trial court seeking correction of the reporter's record.

The reporter's record with which appellant now finds fault was transmitted to him on September 9, 2015.  At that time his brief was due on September 29.  By later orders that deadline was extended until October 29 and then December 28.  Appellant did not file his brief by December 28 and offered no explanation.  Nevertheless the deadline for filing appellant's brief was extended until January 15, 2016, and then February 29.

Appellant has not shown how any omission in the record of voir dire in his criminal trial hinders his preparation of a brief demonstrating reversible error in the Chapter 64 proceeding.  Appellant's motion for additional time to file his brief is denied.  Appellant's brief shall be filed on or before March 18, 2016.  Failure of appellant to file his brief by that date may result in disposition of this appeal without briefs.  Tex.R.App. P. 2;  cf.  Tex.R.App. P. 38.8(b)(4);  Alford v. State, No. 14–98–00642–CR, 2000 Tex.App. LEXIS 7424 (Tex.App.–Houston [14th Dist.] Nov. 2, 2000, no pet.) (per curiam) (not designated for publication).

Per Curiam