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Harris v. State

Fourth Court of Appeals San Antonio, Texas
Jun 22, 2017
No. 04-16-00779-CR (Tex. App. Jun. 22, 2017)

Opinion

No. 04-16-00779-CR

06-22-2017

Anthony Newton Harris, Appellant v. The State of Texas, Appellee


From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR9455
Honorable Kevin M. O'Connell, Judge Presiding

ORDER

Appellant's brief was due May 25, 2017. When the brief was not filed, we issued a notice letter dated May 31, 2017, advising appellant's appointed counsel that the brief was past due and she should file a response within ten days explaining why the brief had not been filed and demonstrating she is taking affirmative steps to file the brief. On June 9, 2017, appellant's appointed counsel filed a response. In the response, counsel advised this court she was the trial attorney for appellant, but is not his attorney for purposes of appeal. After the response was filed, we reviewed the clerk's record which shows counsel was appointed as counsel for purposes of appeal. There is nothing in the record to show counsel has been permitted to withdraw or that other counsel has been appointed. The clerk's office of this court contacted appointed counsel and advised her that pursuant to the record, she had been appointed to represent appellant on appeal and is therefore responsible for timely filing a brief in this court on appellant's behalf.

On June 21, 2017, appointed counsel filed a motion for extension of time to file the brief. Therein, she states she "does not have adequate experience with criminal appeals" and it would be in appellant's best interest to have suitably experienced counsel. She asks that we grant her an extension of sixty days to file the brief, intimating she will take steps in the trial court to withdraw and secure new appellate counsel for appellant.

Based on our review, we GRANT IN PART AND DENY IN PART the motion to extend time to file appellant's brief. We GRANT appellant an extension of thirty days in which to file the brief and ORDER appellant to file the brief in this court on or before July 24, 2017. If appointed counsel intends to withdraw, she should take steps to do so in the trial court. If she is permitted to withdraw and new appellate counsel is appointed, she should advise this court of the same in writing and provide us with a copy of the order. Any such order should also be included in a supplemental clerk's record and filed by the district clerk in this court.

We order the clerk of this court to serve a copy of this order on all counsel, the district clerk, and the trial court.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Harris v. State

Fourth Court of Appeals San Antonio, Texas
Jun 22, 2017
No. 04-16-00779-CR (Tex. App. Jun. 22, 2017)
Case details for

Harris v. State

Case Details

Full title:Anthony Newton Harris, Appellant v. The State of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 22, 2017

Citations

No. 04-16-00779-CR (Tex. App. Jun. 22, 2017)