Order entered October 11, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01537-CR
MARK LYNN MILLIGAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-27465-W
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 J. Daniel
Oliphant; and (3) Mr. Oliphant’s explanation for the delay in filing appellant’s brief is his
workload. We note that appellant’s brief was originally due March 23, 2013 and Mr. Oliphant
has already been granted two thirty-day extensions of time to file appellant’s brief. Accordingly,
we DO NOT ADOPT the finding that Mr. Oliphant requires an additional eighty days to file
appellant’s brief.
We ORDER appellant to file his brief by NOVEMBER 14, 2013. If appellant’s brief is
not filed by that date, we will order J. Daniel Oliphant removed as appellate counsel and will
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