Opinion
No. 04-16-00791-CR
01-04-2018
Margaret L. KNOBLAUCH, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10598
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
On August 30, 2017, we abated this appeal and ordered the trial court to determine if appellate counsel Justin Fischer had a conflict of interest in representing appellant Margaret Knoblauch. The trial court held a hearing on September 19, 2017, following which it made findings of fact and conclusions of law that were included in a supplemental clerk's record filed in this court on September 25, 2017. The trial court found Mr. Fischer did not have a conflict of interest in representing appellant. However, the trial court removed Mr. Fischer as appellate counsel and appointed James Reeves to represent appellant on appeal. On September 29, 2017, we reinstated this appeal on the docket of this court and set the due date for appellant's brief as October 30, 2017.
On October 30, 2017, appellant filed a motion for extension of time to file appellant's brief, which we granted. Appellant's brief became due on November 27, 2017. Appellant's brief was not filed by this date, and on December 5, 2017, appellant's counsel informed the clerk of this court via telephone that appellant's brief would be filed on December 8, 2017. Appellant's brief was not filed by this date, and the clerk of this court notified appellant's attorney by letter that appellant's brief was late and requested appellant's attorney to respond to this court in writing. See TEX. R. APP. P. 38.8(b)(2). We warned that if appellant's attorney did not respond, we may abate this appeal to the trial court for an abandonment hearing or initiate contempt proceedings. Id. at 38.8(b)(2), (4).
Appellant's brief has not been filed, nor has appellant's attorney filed a response.
Accordingly, we ORDER appellant's attorney to file appellant's brief on or before February 5, 2018.
If appellant's brief is not filed by that date, we will abate this appeal to the trial court for an abandonment hearing. TEX. R. APP. P. 38.8(b)(2). Contempt proceedings may also be initiated against appellant's attorney. Id. 38.8(b)(4).
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of January, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court