Opinion
No. 04-16-00684-CR
04-19-2017
James Harley STACY, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR7238A
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
Appellant's brief was originally due on February 17, 2017. Appellant is represented on appeal by appointed counsel, Mr. Michael Raign. On March 1, 2017, this court notified Mr. Raign the brief was late, and asked Mr. Raign to respond within ten days presenting a reasonable explanation for failing to timely file appellant's brief. On March 14, 2017, Mr. Raign filed a motion for extension of time, requesting an extension until April 3, 2017. We granted the request. Mr. Raign has not filed appellant's brief or a second motion for extension of time.
Mr. Raign is hereby ORDERED to file appellant's brief in this court no later May 3 , 2017 . If Mr. Raign does not file appellant's brief by May 3, 2017, this cause will be abated for the trial court to conduct a hearing to determine whether: (1) appellant desires to prosecute his appeal; (2) appellant is indigent, and if so, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel; and (3) counsel has abandoned the appeal. Because sanctions may be necessary, the trial court will be asked to address this issue even if new counsel is retained or substituted before the date of the hearing.
The Clerk of this court shall cause a copy of this order to be served on Mr. Raign by certified mail, return receipt requested, and by United States mail. The Clerk of this court shall also fax a copy of this order to the Honorable Lori Valenzuela, presiding judge of the 437th Judicial District Court, Bexar County, Texas.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court