Montez Antonio Ashby v. the State of Texas

Opinion

Order entered January 13, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00361-CR

MONTEZ ANTONIO ASHBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-75720-V

ORDER

We REINSTATE this appeal.

By order issued November 30, 2022, the Court abated the appeal and

ordered the trial court to conduct a hearing and making findings and

recommendations regarding why appellant’s overdue brief had not been filed. On

December 12, 20222, appellant tendered a brief for filing and later filed a

December 13, 2022 motion to extend the time to file his brief. On January 10, 2023, a supplemental clerk’s record was filed containing the

trial court’s December 13, 2022 findings and recommendations. The Court

ADOPTS the trial court’s findings that: (1) appellant is indigent and represented

by court-appointed counsel; (2) appellant desires to prosecute the appeal and has

not abandoned the appeal; and (3) appointed counsel’s explanation for the delay in

filing appellant’s brief is that he mis-calendared the deadline.

The trial court recommended that the Court accept and file appellant’s brief.

We agree with the trial court’s recommendation. We GRANT appellant’s motion

to extend the time to file his brief and ORDER appellant’s tendered brief filed as

of the date of this order.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE

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