Mark Lynn Milligan v. State

Opinion

Order entered December 5, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-01537-CR

MARK LYNN MILLIGAN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 363rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F11-27465-W

ORDER

Appellant’s brief was originally due March 21, 2013. This Court granted counsel two

extensions of time to file the brief and ultimately abated the appeal for findings regarding the brief. On October 11, 2013, this Court ordered appellant to file his brief by November 14, 2013. We warned that if the brief was not filed by that date, we would order J. Daniel Oliphant removed as counsel and would order the trial court to appoint a new attorney to represent appellant. To date, appellant’s brief has not been filed. Accordingly, we ORDER J. Daniel Oliphant removed as appellant’s attorney of record.

We ORDER the trial court to appoint a new attorney to represent appellant in this appeal and to transmit the order appointing new counsel to this Court within FIFTEEN DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Tracy Holmes, Presiding Judge, 363rd Judicial District Court; J. Daniel Oliphant; and the Dallas County District Attorney’s Office.

We ABATE the appeal to allow the trial court to comply with this order. The appeal shall be reinstated in fifteen days or when the order appointing new counsel is received.

/s/ DAVID EVANS

JUSTICE