Xavier Perez v. State

Opinion

NUMBER 13-17-00650-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

XAVIER PEREZ, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 445th District Court of Cameron County, Texas. ____________________________________________________________

ORDER ABATING APPEAL Before Chief Justice Valdez and Justices Rodriguez and Benavides Order Per Curiam

This matter is currently before the Court on a motion filed by appellant’s appointed

counsel, Rebecca E. RuBane, seeking a third extension of time to file the appellate brief

in this matter. Appellant’s brief was originally due on March 7, 2018. This Court granted

counsel’s first request for a 90-day extension of time to file the brief. Counsel’s second

request for a 60-day extension of time to file the brief was granted with order to file the brief on or before August 6, 2018. Counsel was informed that no further extensions

would be granted absent exigent circumstances. Nevertheless, counsel failed to file the

brief by this deadline and has requested another extension of time of 30 days to file the

brief.

Appellant is entitled to effective assistance of counsel. We have a duty to ensure

that appellant’s rights are protected. Accordingly, we DENY counsel’s third motion for

extension of time and ABATE and REMAND this matter to the trial court with instructions

to remove Rebecca A. RuBane as counsel for appellant and appoint new appellate

counsel in her place. The name, address, email address, telephone number, and state

bar number of newly appointed counsel shall be included in the order of appointment. The

trial court shall cause its order to be included in a supplemental clerk's record to be filed

with the Clerk of this Court on or before the expiration of thirty days from the date of this

order.

Appellant’s brief will be due within thirty days of the date that appellant’s new

counsel is appointed.

IT IS SO ORDERED.

PER CURIAM

Do not publish. TEX. R. APP. P. 42.2(b).

Delivered and filed this the 13th day of August, 2018.