Order entered October 18, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00121-CR
TINA MARIE ALBERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-59105-W
ORDER
The Court REINSTATES the appeal.
On August 22, 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 J. Daniel
Oliphant; and (3) Mr. Oliphant’s explanation for the delay in filing appellant’s brief is workload.
We note that appellant’s brief was originally due June 20, 2013, we abated the appeal for
findings on August 22, 2013, and we received the trial court’s findings on October 9, 2013. At
no time did appellate counsel file a motion in this Court seeking additional time to file
appellant’s brief. See TEX. R. APP. P. 38.6(a), (d). Accordingly, we DO NOT ADOPT the
finding that appellant requires eighty additional days to file appellant’s brief.
We ORDER appellant to file her brief by DECEMBER 11, 2013. If appellant’s brief is
not filed by the date specified, we will order J. Daniel Oliphant removed as appellant’s counsel
and order the trial court to appoint a new attorney to represent appellant in this appeal.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Tracy Holmes, Presiding Judge, 363rd Judicial District Court; J. Daniel Oliphant; and
the Dallas County District Attorney’s Office.
/s/ DAVID EVANS
JUSTICE