Opinion
05-23-00407-CR
02-27-2024
MICHAEL DWAYNE WHITFIELD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-81954-2022
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
We REINSTATE this appeal.
We abated this appeal for the trial court to make findings concerning attorney Kristin Brown's failure to timely file appellant's brief, which was originally due September 24, 2023. The trial court held a hearing on February 16, 2024, and the trial court filed its findings and recommendations February 23, 2024.
The trial court found Ms. Brown's failure to file the brief has been due to other cases on her docket as she is one of the few appeals attorneys available in Collin County, and medical issues and hospitalization of a family member. The trial court's findings include that Ms. Brown "indicated she cannot begin her efforts into this appeal until she completes her efforts on older and more pressing cases. She indicated an ability to review and complete the required briefing within 90 days." The trial court recommended that we grant Ms. Brown a new extension of time to file appellant's brief. The Court accepts the trial court's findings.
We ORDER Ms. Brown to file appellant's brief on or before MARCH 28, 2024. In any future motions for extension of time to file appellant's brief in this appeal, Ms. Brown shall state whether she has begun working on the brief. If she has not begun working on the brief, then Ms. Brown shall state what "older and more pressing cases" are taking precedence over her preparation of the brief in this case, the date she realistically expects to begin working on the brief, and the date she realistically expects to file appellant's brief. If she has begun working on the brief, then Ms. Brown shall state where she is in the process of preparing the brief and when she realistically expects to file appellant's brief.