Opinion
05-21-00621-CR 05-21-00622-CR05-21-00623-CR 05-21-00624-CR 05-21-00627-CR05-21-00628-CR 05-21-00629-CR 05-21-00630-CR05-21-00634-CR 05-21-00635-CR 05-21-00636-CR05-21-00637-CR
05-17-2022
BRANDIE OLIVAREZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause Nos. F18-22537-K, F18-41244-K, F18-45948-K, F19-14122-K, F19-14136-K, F20-22413-K, F20-22447-K, F20-41532-K, F19-40342-K, F20-22421-K, F20-45665-K & F20-45679-K
ORDER
BILL PEDERSEN, III JUSTICE
Before the Court is appellant's May 9, 2022 final motion for an extension of time to file her brief in these appeals. Appellant's brief, tendered along with the motion, addresses a single purported error in appellate cause 05-21-00628-CR (trial court cause number F20-22413-K) but does not assert error in the remaining eleven appeals. In other words, appellate counsel has not filed a brief challenging appellant's convictions in the remaining eleven cases, nor has she filed an Anders brief informing the Court that there is no arguable error in any of those cases.
In criminal cases, the failure to file a brief does not authorize the dismissal of an appeal. Tex.R.App.P. 38.8(b)(1). In very limited circumstances, the Court may consider an appeal without a brief. Tex.R.App.P. 38.8(b)(4). However, in order to do so, the Court must first abate for a hearing for the trial court to determine whether appellant no longer wishes to prosecute the appeal or is not indigent but has not made the necessary arrangements for filing a brief. Id. Here, appellant has been declared indigent; therefore, the only reason we might dismiss the eleven appeals is if appellant no longer wishes to prosecute them.
We ORDER appellate counsel to file, within THIRTY DAYS of the date of this order, (1) appellate briefs on the remaining eleven appeals or (2) a motion to dismiss the remaining eleven appeals because appellant no longer desires to prosecute the appeals. Tex.R.App.P. 38.8(b)(4); 42.2(a). The failure to do one or the other will result in the appeals being abated for a hearing in the trial court.
We will defer ruling on the May 9, 2022 final motion for an extension of time until appellate counsel responds to this order.
We DIRECT the Clerk to send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; to Christina O'Neil, Chief Judicial Staff Counsel; to Valencia Bush; and to the Dallas County District Attorney's Office, Appellate Division.