Opinion
No. 05-15-00950-CR
05-26-2016
THOMAS J. ELLIS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court No. 3 Dallas County, Texas
Trial Court Cause No. MA13-70570-C
ORDER
Appellant's May 23, 2016 "first motion for extension of time to file appellant's brief is before the Court. Appellant's brief was due in this case on November 25, 2015. Appellant's original counsel requested and received an extension. After original counsel retired, appellant's second attorney received an additional extension and shortly thereafter, filed a motion to withdraw. The Court abated this case to allow the trial court to appoint new counsel. The trial court appointed current counsel by order signed on January 4, 2016. On January 26, 2016, a supplemental clerk's record was filed with the Court showing current counsel's appointment. This Court then issued an order on February 1, 2016 reinstating the appeal and giving appellant a fresh thirty-day extension of time to file his brief.
Appellant did not file his brief. Instead, on March 16, 2016, appellant requested and received a ten-day extension of time. After appellant failed to file his brief by the deadline, the Court abated this appeal to the trial court to conduct a hearing to determine why appellant's brief had not been filed. The trial court conducted a hearing on April 15, 2016, and it recommended that appellant receive an additional thirty-day extension to file his brief. The Court accepted the trial court's recommendation and granted appellant an extension until May 20, 2016 to file his brief. Appellant is now back before the Court requesting fifteen more days because counsel is busy and he needs to "track down" an order denying appellant's motion for new trial.
We GRANT appellant's motion. We EXTEND the time to file appellant's brief to June 10, 2016. In light of the history of this case detailed herein, the Court will not grant any further extensions. If appellant fails to file his brief by June 10, 2016, the Court will exercise its available remedies which may include removing counsel from representation.
We DIRECT the Clerk to transmit a copy of this order to counsel for all parties and to the Honorable Douglas W. Skemp, Presiding Judge, County Criminal Court No. 3.
/s/ LANA MYERS
JUSTICE