Opinion
05-24-00436-CR
12-09-2024
SILVERIO MARTIN ALANIZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F15-56164
ORDER
AMANDA L. REICHEK JUSTICE
Before the Court is attorney Kristen Brown's third motion requesting an extension of time to file appellant's brief. Appellant's brief was originally due September 9, 2024. Besides the requested extensions, this Court also sua sponte granted Ms. Brown an extension on November 18, 2024. We GRANT the requested extension, and we ORDER Ms. Brown to file appellant's brief on or before JANUARY 6, 2025.
The appeal cannot proceed until appellant's brief is filed. On January 6, 2025, it will be almost four months since the brief was originally due. The motion for extension provides no indication that Ms. Brown has begun work on the brief.
If appellant's brief is not filed by January 6, 2025, the Court may take action it deems appropriate to obtain the filing of appellant's brief, including proceedings under Rule of Appellate Procedure 38.8(b)(2) or deem Ms. Brown to have abandoned the appeal, order her removed as counsel for appellant, and order the trial court to appoint new counsel for appellant. If Ms. Brown reasonably believes she will not be able to file the brief by January 6, 2025, Ms. Brown should, without delay, seek to withdraw from representing appellant and request appointment of new counsel for appellant. See Tex. Disciplinary Rules Prof'l Conduct R. 1.01(b) ("In representing a client, a lawyer shall not: (1) neglect a legal matter entrusted to the lawyer . . . ."); id. cmt. 6 ("A lawyer's workload should be controlled so that each matter can be handled with diligence and competence.").
We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court and Presiding Judge of the Criminal District Courts; and counsel for all parties.