Opinion
Appellate case number: 01-17-00391-CR
12-07-2017
Daniel Augusta Rice v. The State of Texas
ORDER
Trial court case number: 13-DCR-062931A Trial court: 400th District Court of Fort Bend County
On October 19, 2017, we abated this appeal, and remanded the case to the trial court because the clerk's record did not include a certification of appellant's right to appeal and appointed counsel had not timely filed a brief on appellant's behalf. The district clerk has filed a supplemental clerk's record containing the trial court's certification of appellant's right to appeal, stating that this case "is not a plea-bargain case, and the defendant has the right of appeal." The supplemental clerk's record also contains the trial court's orders allowing appointed counsel, Wilvin J. Carter, to withdraw from representing appellant on appeal and appointing Jeff Strange as attorney of record on appeal. Accordingly, we REINSTATE this case on the Court's active docket.
Appointed counsel has filed a "Request for Substitution of Counsel and for an Extension of Time to File Appellant's Brief." The motion is granted. The Clerk of this Court is directed to note Wilvin J. Carter's withdrawal as appellant's counsel and substitute Jeff Strange as appointed counsel for appellant on the docket of this Court.
Appellant's brief is due to be filed no later January 16, 2018. See TEX. R. APP. P. 38.6(d).
It is so ORDERED. Judge's signature: /s/ Russell Lloyd
[v] Acting individually [ ] Acting for the Court Date: December 7, 2017