Whitington v. State

Full title: TIMOTHY EDWARD WHITINGTON, Appellant, v. STATE OF TEXAS, State.

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Jan 31, 2014

No. 08-13-00102-CR (Tex. App. Jan. 31, 2014)

Opinion

No. 08-13-00102-CR

01-31-2014

TIMOTHY EDWARD WHITINGTON, Appellant, v. STATE OF TEXAS, State.

PER CURIAM

Appeal from the

432^nd District Court

of Tarrant County, Texas

(TC# 1284003R)

ORDER

The Appellant's brief in the above styled and numbered cause was due December 13, 2013, the Court having granted a fourth and final extension of time to file the brief until such date. On December 23, 2013, Mr. Wynn filed a fifth motion for extension of time to file the brief until January 3, 2014. Mr. Wynn subsequently advised the Clerk's Office on January 14, 2014 that he would file the brief the following week. As of this date, the brief has not been filed.

It is therefore ORDERED that the trial judge conduct a hearing to determine whether appellant desires to prosecute his appeal, whether the appellant has been deprived of effective assistance of counsel, and to make appropriate findings and recommendations. The trial judge shall take such measures as may be necessary to assure effective assistance of counsel, which may include appointment of new counsel. The record of such hearing, including any orders and findings of the trial judge, shall be certified and forwarded to this office on or before March 2, 2014.

IT IS SO ORDERED this 31st day of January, 2014.

PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.