TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Bobby Mitchell, Appellant
v.
The State of Texas, Appellee
NO. 2001-155, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
PER CURIAM
This is a contempt proceeding ancillary to Bobby Mitchell's appeal from a judgment of conviction for sexual assault and indecency with a child. The subject of this proceeding is M. Engin Derkunt, appellant's counsel.
Counsel signed appellant's notice of appeal, which was filed on September 16, 2002. See Jones v. State, 98 S.W.3d 700, 703 (Tex. Crim. App. 2003) (counsel who signs notice of appeal effectively "volunteers" to serve as appellate counsel). His brief was due December 23, 2002. In response to the clerk's notice that his brief was overdue, counsel informed the Court that he filed the notice of appeal with the understanding that appellant would either pay him for the appeal or retain alternate counsel. Counsel did not seek to withdraw nor did he assert that appellant is indigent. On February 11, 2003, the Court ordered counsel to file a brief on appellant's behalf no later than March 24, 2003. Counsel failed to file a brief as ordered. Instead, he tendered a motion to withdraw the notice of appeal. The motion did not comply with the appellate rules because it was not signed by appellant. Tex. R. App. P. 42.2(a). Counsel did not respond to the clerk's notification of this defect in the motion.
The said M. Engin Derkunt is ordered to appear in person before this Court on the 21st day of May, at 8:30 o'clock a.m., in the courtroom of this Court, located in the Price Daniel, Sr. Building, 209 West 14th Street, City of Austin, Travis County, Texas, then and there to show cause why he should not be held in contempt and sanctions imposed for his failure to obey the February 11, 2003, order of this Court. This order to show cause will be withdrawn and the said M. Engin Derkunt will be relieved of his obligation to appear before this Court as above ordered if the Clerk of this Court receives appellant's brief by May 20, 2003.
It is ordered May 2, 2003.
Before Chief Justice Law, Justices B. A. Smith and Puryear
Do Not Publish