No. 04-17-00296-CR.

Juan Guzman ZUNIGA, JR., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Fourth District, San Antonio.

Attorney(s) appearing for the Case

Juan Guzman Zuniga, Angela J. Moore , for Juan Guzman Zuniga, Appellant.

Nicholas LaHood , for State of Texas.


IRENE RIOS, Justice.

On April 17, 2017, the trial court signed an order denying appellant's request for DNA testing. The trial court certified appellant's right to appeal, and appellant timely filed a notice of appeal on May 8, 2017. The clerk's record was filed in this court on May 12, 2017, and on June 27, 2017, this court received notification from the court reporter that no record was taken in the underlying proceeding. Accordingly, the due date for appellant's brief was set as July 27, 2017.

On July 3, 2017, this court received appellant's Motion for Extension of Time Pursuant to Notice of Appeal. We interpret this motion to be a request for an extension of time in which to file appellant's brief. Within the body of the motion, appellant also appears to request access to the record pertaining to the DNA testing request, as well as the records relating to his original conviction. As we stated in our order dated May 26, 2017, appellant is not entitled to records from his original trial.

Accordingly, we GRANT appellant's request for access to the record in this appeal and DENY appellant's request to obtain trial court records and transcripts relating to his original conviction. The clerk of this court is instructed to prepare and send a full and complete duplicate copy of the clerk's record filed in this appeal to appellant. We further GRANT appellant's request for an extension of time in which to file appellant's brief. Appellant's brief is due on or before August 28, 2017. Further requests for extension of time will be disfavored.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of July, 2017.


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