Michael Dwayne Newman v. State

Opinion

Order entered December 13, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00211-CR

MICHAEL DWAYNE NEWMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F11-62630-J

ORDER We REINSTATE this appeal.

We abated this appeal for a hearing because appellant’s brief, due September 20, 2019,

had not been filed and we had no communication from appellant regarding the appeal. On

December 6, 2019, the trial court’s findings from that hearing were filed. We ADOPT the

findings that (1) appellant wishes to prosecute this appeal; (2) appellant, who is indigent, is

represented by appointed counsel Daniel Oliphant; and (3) counsel has not abandoned the appeal

but needs additional time to file the brief.

We ORDER appellant’s brief filed on or before February 3, 2020. Appellate counsel is

cautioned that the failure to file a brief by that day will result in the Court taking whatever remedies it has available to ensure appellant’s rights are adequately represented and that this

appeal proceeds in a timely fashion.

We DIRECT the Clerk to send copies of this order to the Honorable Gracie Lewis,

Presiding Judge, Criminal District Court No. 3; to Daniel Oliphant; and to the Dallas County

District Attorney’s Office.

/s/ BILL PEDERSEN, III JUSTICE