TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 2001-155, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
PER CURIAM
Appellant's brief on appeal was originally due December 23, 2002. In response to the clerk's notice that his brief is overdue, appellant's counsel provided the Court with an "update" stating that he filed the notice of appeal with the understanding that appellant would either pay him for the appeal or retain alternate counsel. Appellant's wife has been attempting to secure alternate counsel, but has not yet done so.
While we are not without sympathy for counsel's position, he is counsel of record and has never sought to withdraw. The appeal cannot languish indefinitely. Therefore, appellant's counsel, Mr. M. Engin Derkunt, is ordered to file a brief in appellant's behalf no later than March 24, 2003. No further extension of time will be granted.
It is ordered February 11, 2003.
Before Chief Justice Law, Justices B. A. Smith and Puryear
Do Not Publish