Jasmin Delijevic v. State

• Court: Court of Appeals of Texas
• Decided: March 23, 2010
• Docket: 07-09-00273-CR
• Status: Published

Opinion

                                                            NO. 07-09-0273-CR

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                     PANEL C

                                                              MARCH 23, 2010

                                            ______________________________

                                                            JASMIN DELIJEVIC,

Appellant

                                                                             v.

                                                        THE STATE OF TEXAS,

Appellee

                                         _________________________________

                      FROM THE 181st DISTRICT COURT OF RANDALL COUNTY;

                                   NO. 19034-B; HON. JOHN BOARD, PRESIDING

                                           _______________________________

                                                                       ORDER

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

            Jasmin Delijevic, appellant, appeals a conviction from the offense of possession of a controlled substance and a sentence of 364 days in a state jail facility.  Appellant timely perfected this appeal by filing notice of appeal on August 24, 2009.  Subsequently, counsel for appellant has asked for and received an extension of time in which to file appellant’s brief.  The court reporter was directed to transcribe and file a supplemental reporter’s record, which was filed on January 22, 2010.  Counsel for appellant was instructed that his brief was due no later than fourteen days from the date the supplemental clerk’s record was filed.  Instead, an additional motion for extension of time was granted to file the brief by March 8, 2010.

            Those convicted of criminal acts are entitled to effective assistance of counsel on appeal.  The failure of counsel to timely prosecute an appeal falls short of rendering such assistance.  To avoid the latter circumstance from occurring at bar, we hereby give appellant until March 31, 2010, in which to file his brief and order James E. Wooldridge, SBN 24010492, 612 S. Van Buren, Amarillo, Texas 79101, to prepare and file a brief in this cause on behalf of his client, Jasmin Delijevic, in compliance with the Texas Rules of Appellate Procedure.  Mr. Wooldridge is further ordered to file said brief with the clerk of this Court at 501 S. Fillmore, Suite 2-A, Amarillo, Texas, in a manner assuring that it will be personally received by said clerk on or before 5:00 p.m. on March 31, 2010.  Failure to comply with this directive will result in a hearing directing Mr. Wooldridge to show cause why he should not be held in contempt.

                                                                                    Per Curiam

Do not publish.