Opinion
No. 04-13-00346-CR
11-18-2013
Jassen BARNES, Appellant v. THE STATE OF TEXAS, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR9420
Honorable Maria Teresa Herr, Judge Presiding
ORDER
Appellant's brief was originally due on October 31, 2013. Appellant is represented on appeal by retained counsel, Ms. Suzanne M. Kramer. On November 4, 2013, this court notified Ms. Kramer, by letter, that the brief was late and instructed her to provide this court, within ten days of our letter, with a reasonable explanation for failing to timely file the brief. Ms. Kramer has not responded.
It is therefore, ORDERED that Ms. Kramer shall file appellant's brief in this court no later December 2, 2013. If Ms. Kramer does not file appellant's brief by December 2, 2013, this cause will be abated for the trial court to conduct a hearing to determine whether: (1) appellant desires to prosecute his appeal; (2) appellant is indigent, and if so, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel; and (3) counsel has abandoned the appeal. Because sanctions may be necessary, the trial court will be asked to address this issue even if new counsel is retained or substituted before the date of the hearing.
The Clerk of this court shall cause a copy of this order to be served on Ms. Kramer by certified mail, return receipt requested, and by United States mail. The Clerk of this court shall also fax a copy of this order to the Honorable Maria Teresa Herr, presiding judge of the 186th Judicial District Court, Bexar County, Texas.
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Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of November, 2013.
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Keith E. Hottle
Clerk of Court