Strickland v. State

OPINION ON MOTION FOR REHEARING

This case raises the issue of when we should exercise our discretion to grant a late-filed motion for extension of time to file the transcript. On June 27, 1991, we dismissed appellant’s appeal solely because a motion for extension of time to file the transcript was late. At the time the appeal was dismissed, we had both the statement of facts and the transcript at hand. We reconsider our original holding, reinstate the appeal, and reestablish briefing times.

The record, both the transcript and the statement of facts, was due February 26, 1991. The statement of…