Guerra v. State

I respectfully dissent.

Tex.R.App.P. 2(b) states in pertinent part:

Suspension of Rules in Criminal Matters Except as otherwise provided in these rules, in the cause shown, a court of *832appeals or the Court of Criminal Appeals may suspend requirements and provisions of any rule in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction.

In finding that appellant’s motion for extension of time to file a statement of facts should be denied, the majority chooses to ignore the authority granted it by the foregoing rule. The rationale…