Opinion
05-22-01094-CR 05-22-01095-CR
06-30-2023
JON RUSSELL WHITSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 443rd District Court Ellis County, Texas Trial Court Cause Nos. 46632CR, 46633CR.
ORDER
NANCY KENNEDY JUSTICE
We REINSTATE these appeals.
On June 8, 2023, we abated these appeals for the trial court to hold a hearing and make findings and recommendations concerning the failure of appellant's appointed counsel, J. Daniel Oliphant, to timely file appellant's brief, which was originally due February 3, 2023. On June 22, 2023, the trial court held a hearing and made findings of fact and a recommendation. The trial court's findings included:
• Appellant is receiving effective assistance of counsel and counsel is diligently pursuing the appeal;
• Counsel's delay in filing the brief is due to good cause, namely his heavy trial and appellate schedule;
• There is a heavy backlog in the local trial and appeal schedule following the delays of the Covid-19 pandemic closures, which has contributed to counsel's heavy workload; and
• Counsel informed the court that he needs an additional 75 days to file his brief with the court.
The trial court recommended "counsel be given an extension of 75 days, to file his brief on or before September 5, 2023."
We adopt the trial court's findings and recommendation. We ORDER appellant's brief filed on or before SEPTEMBER 5, 2023. Due to the extraordinary length of this extension, no further extensions of time to file appellant's brief will be granted without a showing of extraordinary circumstances. Counsel is cautioned that if appellant's brief is not filed by September 5, 2023, the Court may order counsel removed from representing appellant and order the trial court to appoint new counsel to represent appellant.