Thomas Edward Grace v. State

Opinion

Order entered December 3, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00018-CR

THOMAS EDWARD GRACE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-80198-2009

ORDER The Court REINSTATES the appeal.

On October 3, 2013, we denied appellant’s second motion to extend time to file his brief

and ordered the trial court to make findings. We ADOPT the findings that: (1) appellant desires

to pursue the appeal; (2) appellant is indigent and represented by appointed counsel; and (3)

counsel’s explanation for the delay in filing appellant’s brief is his workload. Because counsel

did not tender appellant’s brief by December 2, 2013, we DO NOT ADOPT the finding that the

brief will be filed by that date.

We ORDER appellant to file his brief within FIFTEEN DAYS of the date of this order.

If the brief is not filed within the time specified, the Court will order that William Shultz be removed as appellant’s appointed attorney and order the trial court appoint new counsel to

represent appellant in the appeal.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the

Honorable Mark Rusch, Presiding Judge, 401st Judicial District Court, William Schultz, and the

Collin County District Attorney’s Office.

/s/ LANA MYERS JUSTICE