Srihari Avula v. State

Opinion

Order entered April 24, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00405-CR

SRIHARI AVULA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas

Trial Court Cause No. 296-80285-2012

ORDER

The Court REINSTATES the appeal.

On March 21, 2014, we ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is not indigent and is represented by retained counsel; and (3) counsel’s explanation for the delay in filing appellant’s brief is he was ill. Because the Court has not yet received appellant’s brief, we DO NOT ADOPT the findings that it would be filed by April 23, 2014.

We ORDER appellant to file his brief by MAY 2, 2014. No further extensions will be granted. If appellant’s brief is not filed by the date specified, we will, without further notice, submit the appeal without appellant’s brief. See Tex. R. App. P. 38.8(b)(4).

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Benjamin Smith, Presiding Judge, 296th Judicial District Court; and to counsel for all parties.

/s/ DAVID EVANS

JUSTICE