Ronald Wayne Miller v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 23, 2022
• Docket: 05-22-00332-CR
• Status: Published

Opinion

Order entered November 23, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00332-CR

RONALD WAYNE MILLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F20-00318-H

ORDER

We REINSTATE this appeal.

We abated the appeal because appellant’s brief had not been filed and we

had no communication from appellant regarding this appeal.

On November 11, 2022, the trial court held a hearing, and counsel for

appellant stated appellant desired to appeal. Counsel represented to the trial court

that he would need sixty days to file appellant’s brief, and the trial court made an oral recommendation on the record that appellant receive an additional sixty days

to finish the brief.

We ADOPT the trial court’s oral recommendation that appellant receive an

additional sixty days to file appellant’s brief.

We ORDER appellant’s brief filed by January 11, 2023. We caution

counsel that the failure to file a brief or communicate with the Court by that date

will result in the Court taking whatever actions it deems appropriate to ensure this

appeal proceeds in a timely fashion, which may include removing counsel and

abating for the appointment of new counsel.

We DIRECT the Clerk to send copies of this order to the Honorable Tina

Clinton, Presiding Judge, Criminal District Court No. 1; and to counsel for all

parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE

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