Opinion
No. 04-16-00684-CR
07-13-2017
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. Because Mr. Raign did not timely file appellant's brief, we issued an order on May 17, 2017, abating the cause to the trial court and ordering the trial court to conduct a hearing no later than June 5, 2017 to answer the following questions:
(1) Does appellant desire to prosecute his appeal?
(2) Is appellant indigent? If appellant is indigent, 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.
(3) Has appointed or retained counsel abandoned the appeal? Because sanctions may be necessary, the trial court should address this issue even if new counsel is retained or substituted before the date of the hearing.
(4) If counsel has not abandoned the appeal and if the trial court does not appoint new counsel, the trial court must obtain on the record a date certain by which appellant's brief will be filed.
(5) Should Mr. Raign be sanctioned for failure to file appellant's brief by May 3, 2017?
On July 10, 2017, the trial court conducted a hearing at which the court found appellant wished to prosecute his appeal and appellant was indigent. After accepting Mr. Raign's reasons for failing to timely file the brief, the trial court "set a firm date . . . of July 20th to have the brief turned in . . . ." Mr. Raign agreed that would provide him with sufficient time in which to complete and file the brief.
It is therefore ORDERED that this appeal is reinstated on the docket of this court. Mr. Raign is hereby ORDERED to file appellant's brief no later than July 20, 2017. No further extensions of time will be granted.
If Mr. Raign fails to file appellant's brief on or before July 20, 2017, Mr. Raign may be ordered to appear before a panel of this court to show cause why he should not be held in civil and criminal contempt of this court and/or suspended from practice before this court for violating this court's orders to timely file appellant's brief.
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 transmit a copy of this order to the Honorable Lori I. 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 13th day of July, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk