Swann v. State

OPINION AND ORDER ON MOTION FOR EXTENSION OF TIME TO FILE STATEMENT OF FACTS

KELTNER, Justice.

The issue before the court is whether this court should grant an extension of time to file a statement of facts.

The appellant was convicted of injury to a child pursuant to TEX.PENAL CODE ANN. sec. 22.04 (Vernon 1974). The court assessed punishment at fifty-five years in the Texas Department of Corrections.

Appellant perfected his appeal on July 23, 1987. As a result, the transcript and the statement of facts were due to be filed in this court by August 23, 1987. The transcript was timely filed. Out of…