Opinion
05-23-00285-CR
11-19-2024
EFREN MEDINA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F21-76511-U
ORDER
AMANDA L. REICHEK, JUSTICE
Appellant's brief is overdue. The brief was originally due April 1, 2024. On May 1, 2024, this Court notified Ms. Bush by postcard that appellant's brief was overdue, and we directed her to file appellant's brief and a motion for extension of time to file the brief within ten days. On May 30, 2024, this Court ordered appellant's appointed counsel Valencia Bush to file appellant's brief by June 14, 2024. On July 9, 2024, we abated the appeal and ordered the trial court to hold a hearing and make findings pursuant to Rule of Appellate Procedure 38.8(b). The trial court recommended granting Ms. Bush an extension of time to file the brief through August 29, 2024; we accepted the recommendation and ordered Ms. Bush to file the brief by August 29, 2024. On August 28, 2024, we granted Ms. Bush's motion for extension of time to file the brief and ordered her to file the brief by September 27, 2024. On October 7, 2024, we ordered Ms. Bush to file the brief by October 17, 2024. We cautioned Ms. Bush that if appellant's brief was not filed by that date, the Court would order her removed as counsel and order the trial court to appoint counsel for appellant. As of the date of this order, appellant's brief has not been filed and is now more than seven months overdue.
We ORDER the trial court, the Honorable Stephanie Huff, to remove Valencia Bush as counsel for appellant and to appoint new counsel for appellant. Judge Huff shall file with this Court within TEN DAYS of the date of this order a copy of her order appointing new counsel for appellant.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's order appointing counsel or at such other time as the Court deems appropriate.