Opinion
05-23-01238-CR
11-04-2024
ELMARQUIS DEWAYNE MCGINNIS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-86137-2023
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE this appeal.
We abated this appeal for the trial court to hold a hearing and make findings concerning the failure of appellant's counsel, Lara Bracamonte Davila, to timely file appellant's brief. Appellant's brief was originally due May 15, 2024, and as of the date of this order, Ms. Davila has not filed the brief.
The trial court's findings include: "Ms. Davila has begun the brief in this case. She is confident that she can complete the brief within 45 days. The Court is confident of that as well." The trial court recommends that the due date for appellant's brief be extended to forty-five days from the trial court's filing of the findings on October 30, 2024. We accept the trial court's finding and recommendation.
We ORDER Ms. Davila to file appellant's brief on or before DECEMBER 16, 2024. If the brief is not filed by that date (which will be more than seven months past the original due date), the Court may order Ms. Davila removed from representing appellant and may abate case for the trial court to appoint new counsel for appellant.