Opinion
05-22-00786-CR
05-15-2023
JOSHUA CALEB POTTER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F18-12453-X
ORDER
ERIN A. NOWELL JUSTICE
We REINSTATE this appeal.
On April 11, 2023, we abated this appeal for the trial court to conduct a hearing and make findings and recommendations concerning appellant's counsel's failure to file appellant's brief, which was originally due December 22, 2022. The trial court held a hearing and made written findings, including that appellant and his counsel have not abandoned the appeal, and that counsel's failure to timely file the brief was due to counsel's busy trial and appellate briefing schedule. The trial court recommended granting appellant's counsel an additional 45 days to file appellant's brief.
Accordingly, we ORDER John D. Oliphant to file appellant's brief on or before JUNE 26, 2023. No further extensions will be granted. If appellant's brief is not filed by that date, the Court will order Mr. Oliphant removed from representing appellant and order the trial court to appoint new counsel for appellant.