Opinion
05-23-00647-CR
05-16-2024
CHRISTOPHER COGGINS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F22-32931
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE this appeal.
We abated this appeal on May 9, 2024, for the trial court to hold a hearing and make findings concerning appellate counsel's failure to file appellant's brief. On May 15, 2024, the trial court signed findings and a recommendation and filed them with this Court. The trial court found that appellant and his counsel, Jeff Buchwald, have not abandoned the appeal and that Mr. Buchwald's failure to file the brief was due to his trial and appellate dockets. The trial court recommends that we grant Mr. Buchwald an additional forty-five days to file appellant's brief.
Although the trial court failed to make a finding as we ordered concerning whether Mr. Buchwald is providing effective assistance of counsel to appellant, we accept the trial court's findings that were made and the trial court's recommendation.
We ORDER Mr. Buchwald to file appellant's brief no later than JULY 1, 2024. Filing of the record was completed November 1, 2023, making appellant's brief originally due December 1, 2023. On July 1, 2024, the brief will be seven months overdue. If Mr. Buchwald does not file the brief by that date, the Court may undertake further actions to assure effective assistance of counsel for appellant and for Mr. Buchwald's other indigent clients before this Court.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; and counsel for all parties.