Cooper, Brandon Lawrence v. State

Order entered October 10, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00898-CR BRANDON LAWRENCE COOPER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-81168-2011 ORDER The Court REINSTATES the appeal. On September 16, 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 Mitchell Nolte; (3) counsel’s explanation for the delay in filing appellant’s brief is his workload; and (4) counsel requested thirty days from the September 27, 2013 hearing to file appellant’s brief. We ORDER appellant to file his brief by NOVEMBER 1, 2013. Because the brief is already two months overdue, no further extensions will be granted absent a showing of extraordinary circumstances. If appellant’s brief is not filed by the date specified, we will order Mitchell Nolte removed as appellant’s counsel and will order the trial court to appoint a new attorney to represent appellant in the appeal. We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Mark Rusch, Presiding Judge, 401st Judicial District Court, and to counsel for all parties. /s/ LANA MYERS JUSTICE