Order entered September 18, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01628-CR
JOSE CUTBERTO VALLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F11-61804-J
ORDER
The Court REINSTATES the appeal.
On August 21, 2013, 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 indigent and represented by court-appointed counsel Kathleen
Walsh; (3) Ms. Walsh’s explanation for the delay in filing appellant’s brief is her workload; and
(4) Ms. Walsh requested thirty days from the September 10, 2013 hearing to file appellant’s
brief.
We ORDER appellant to file his brief by OCTOBER 10, 2013. We note that appellant
has already been granted one thirty-day extension of time to file his brief and the brief is now
nearly three months overdue. Accordingly, no further extensions will be granted. If appellant’s
brief is not filed by the date specified, we will order Kathleen Walsh and the Dallas County
Public Defender’s Office removed as counsel and will order the trial court to appoint new
counsel to represent appellant in this appeal.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; Katherine Drew,
Appellate-Chief, Dallas County Public Defender’s Office; Kathleen Walsh, Dallas County Public
Defender’s Office; and to the Dallas County District Attorney’s Office.
/s/ DAVID EVANS
JUSTICE