Opinion
No. 05-12-01497-CR
08-22-2013
MICHAEL D'ANGELO MASON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-80929-10
ORDER
The Court REINSTATES the appeal.
On July 8, 2013, we ordered the trial court to make findings regarding why appellant's brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent; (3) although appellant originally requested that William Schultz continued as his appellate attorney, he filed a motion with this Court stating generally that Mr. Schultz had a conflict of interest; (4) this Court referred appellant's motion to the trial court to handle in conjunction with the hearing on appellant's brief; (5) appellant presented nothing to the trial court to explain why Mr. Schultz should not continue on the case; (6) the trial court recommends that Mr. Schultz remain appellant's appointed attorney; (7) Mr. Schultz indicated he waited to resume work on appellant's brief until the representation issue was resolved; and (8) Mr. Schultz indicated he could file appellant's brief within fifteen days after the case is reinstated.
We DENY appellant's July 10, 2013 motion to appoint new counsel.
We ORDER appellant to file a brief within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to counsel for all parties.
DAVID EVANS
JUSTICE