Opinion
04-22-00301-CR
12-09-2024
Jack Edward MILLER, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 6, Bexar County, Texas Trial Court No. 633088 Honorable Wayne A. Christian, Judge Presiding
ORDER
Irene Rios, Justice
On October 7, 2024, we abated this appeal to the trial court to hold a hearing to determine whether appellant desired to prosecute his appeal, whether appellant was indigent, and whether counsel had abandoned this appeal. See Tex. R. App. P. 38.8(b)(2). On November 20, 2024, a supplemental clerk's record containing the trial court's findings of fact and conclusions of law was filed. The trial court found appellant desires to prosecute his appeal, appellant is indigent, and appellate counsel Andrea Polunsky has not abandoned this appeal. While appellant indicated another attorney, C.J. Grisham, would represent him pro bono, the trial court did not appoint Mr. Grisham as appellate counsel and did not remove Ms. Polunsky as appellant's court-appointed appellate counsel. Ms. Polunsky and Mr. Grisham subsequently informed this court that Ms. Polunsky would remain appellate counsel, and Mr. Grisham is not representing appellant in this appeal.
Ms. Polunsky indicated at the October 29, 2024 abandonment hearing that she would file the appellant's brief by the end of the week. To date, Ms. Polunsky has not filed appellant's brief in this court despite her representation to the trial court.
We ORDER this appeal reinstated on the docket of this court.
We further ORDER Andrea Polunsky to file appellant's brief on or before January 8, 2025. No extensions will be granted absent extenuating circumstances. Appellant is advised that counsel's heavy case load or demanding work schedule is not an extenuating circumstance warranting further requests for an extension of time.
Rule 9.2(b) of the Texas Rules of Appellate Procedure ("the mailbox rule") is suspended for purposes of Andrea Polunsky filing appellant's brief. That is, in filing appellant's brief, Andrea Polunsky cannot rely on the mailbox rule. If Andrea Polunsky fails to file appellant's brief in this appeal, Appellate Cause No. 22-00301-CR, as ordered, Andrea Polunsky will be ordered to appear and show cause why she should not be held in civil or criminal contempt or otherwise sanctioned. See Tex. R. App. P. 38.8(b)(4).
We further ORDER the Clerk of this Court to have Andrea Polunsky personally served with a copy of this order. We also ORDER the person who personally serves Andrea Polunsky to file with this Court written proof of the date and time that Andrea Polunsky was served with a copy of this order.