Fisher v. State

Full title: DESMOND RENARD FISHER, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 13, 2020

No. 05-19-00851-CR (Tex. App. Nov. 13, 2020)

Opinion

No. 05-19-00851-CR

11-13-2020

DESMOND RENARD FISHER, Appellant v. THE STATE OF TEXAS, Appellee

CORY L. CARLYLE JUSTICE

On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F19-00024-Y

ORDER

We REINSTATE this appeal.

We abated this appeal for the appointment of new counsel by order dated October 30, 2020. On November 11, 2020, the clerk received and filed a supplemental clerk's record with the trial court's appointment of John Oliphant. We DIRECT the Clerk to list John Oliphant as counsel for appellant and to send all future correspondence to Mr. Oliphant at the address on file with the Court.

Despite our October 30, 2020 order removing attorney Valencia Bush as counsel of record for failure to timely file a brief and failure to communicate with the Court, on November 9, 2020, Ms. Bush filed an Anders brief, a motion for extension of time to file the brief, and a motion to withdraw as counsel. Because Ms. Bush was removed as counsel by our October 30, 2020 order, we STRIKE the November 9, 2020 Anders brief, motion for extension of time to file the brief, and motion to withdraw as counsel.¹

1 We note that Ms. Bush filed this Anders brief in a case that (1) went to jury trial; (2) ended in conviction for sexual assault, which would lead to a lengthy period of sex-offender registration; (3) included an 11-volume reporter's record; and (4) included a top-of-the-range sentence, here 20 years for a second-degree felony. These factors alone warrant serious consideration by new counsel as to the appropriateness of an Anders brief on direct appeal.

Appellant's brief is DUE by December 28, 2020.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Chika Anyiam, Presiding Judge, Criminal District Court No. 7; to the Honorable Carter Thompson, Local Administrative District Judge; to the Honorable Tammy Kemp, Presiding Criminal District Judge; to Darryl D. Thomas, Dallas County Auditor; to Felicia Pitre, Dallas County District Clerk; to the Dallas County District Attorney's Office; to former counsel Valencia Bush; and to counsel John Oliphant.

/s/ CORY L. CARLYLE

JUSTICE