Donald Mays v. State

Opinion

Order entered October 29, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00086-CR

DONALD MAYS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas

Trial Court Cause No. F12-55902-J

ORDER

The Court REINSTATES the appeal.

On August 22, 2013, we ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent and represented by court-appointed counsel Riann Moore; (3) Ms. Moore’s explanation for the delay in filing appellant’s brief is her workload and that she had been on maternity leave; and (4) Ms. Moore requested twenty-one days from the October 10, 2013 hearing to file appellant’s brief.

We ORDER appellant to file his brief within TWENTY-ONE DAYS of the date of this order. Because appellant’s brief is already more than three months overdue, no further extensions will be granted. If appellant’s brief is not filed within the time specified, we will order Riann Moore and the Dallas county Public Defender’s Office removed as counsel and will order the trial court to appoint a new attorney to represent appellant in this appeal.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Gracie Lewis, Presiding Judge, Criminal District Court No. 3; Katherine Drew, Appellate Chief, Dallas County Public Defender’s Office; Riann Moore, Dallas County Public Defender’s Office; and the Dallas County District Attorney’s Office.

/s/ LANA MYERS

JUSTICE