Opinion
05-24-00042-CR
11-19-2024
MIGUEL ANGEL ASCENCIOGUADALUPE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-00658
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant's brief is overdue. The brief was originally due February 26, 2024. The Court granted appellant's appointed counsel, Rosalind Kelly, five motions for extension of time to file the brief. Then, this Court abated the case for the trial court to make findings concerning Ms. Kelly's failure to file the brief. At the September 26, 2024 hearing, attorney Rosalind Kelly told the trial court she would file appellant's brief "[i]n 30 days or less." On October 4, 2024, We accepted the trial court's recommendation and granted Ms. Kelly an extension until October 26, 2024, to file the brief. As of the date of this order, Ms. Kelly has not filed the brief, and she has not communicated with this Court since August 26, 2024. The brief is now more than eight months overdue.
We ORDER the trial court, the Honorable Tracy Holmes, to remove Rosalind Kelly as counsel for appellant and to appoint new counsel for appellant. Judge Holmes shall file with this Court within TEN DAYS of the date of this order a copy of her order appointing new counsel for appellant.
We DIRECT the Clerk to send copies of this order to the Honorable Tracy Holmes, Presiding Judge, 363rd Judicial District Court; Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's order appointing counsel or at such other time as the Court deems appropriate.