Horace Simpson v. State

• Court: Court of Appeals of Texas
• Decided: March 18, 2014
• Docket: 14-13-00547-CR
• Status: Published

Opinion

Order filed March 18, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00547-CR ____________

HORACE SIMPSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 11 Harris County, Texas Trial Court Cause No. 1789057

ORDER

Appellant is represented by retained counsel, W. Troy McKinney, in this appeal from a conviction for driving while intoxicated. Appellant’s brief was originally due October 7, 2013. We granted W. Troy McKinney four extensions of time to file appellant’s brief until February 27, 2014. When we granted the fourth extension, we noted that no further extensions would be granted absent exceptional circumstances. No brief was filed. On March 10, 2014, counsel filed a request for a further extension of time to file appellant's brief until April 10, 2014. More than four months have passed since appellant’s brief was due. Counsel has not provided an adequate explanation for the failure to file a brief. We DENY counsel’s request for a further extension of time and issue the following order.

W. Troy McKinney is ORDERED to file appellant’s brief with the clerk of this Court on or before April 10, 2014. If W. Troy McKinney does not timely file the brief as ordered, the Court will take necessary steps to ensure that appellant has adequate representation. The court may issue a show cause order directing counsel to appear before this Court on a date certain to show cause why he should not be held in contempt for failing to file the brief as ordered. Contempt of court is punishable by a fine and/or confinement in jail.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jamison and Wise.