Wade, Donovan v. The State of TexasAppeal from 283rd Judicial District Court of Dallas County (order entered)

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Order entered March 20, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01260-CR DONOVAN WADE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F11-58212-T ORDER The Court REINSTATES the appeal. On January 24, 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 Jeffery Buchwald; (3) Mr. Buchwald has not abandoned the appeal; (4) Mr. Buchwald s explanation for the delay in filing appellant s brief is his workload and a recent illness; and (4) Mr. Buchwald requested thirty more days to file appellant s brief. We ORDER appellant to file his brief within THIRTY DAYS of the date of this order. Because the brief is already more than three months overdue, no further extensions will be granted. If appellant s brief is not filed within the time specified, the Court will remove Jeffery Buchwald as appellant s attorney and order the trial court to appoint new counsel to represent appellant. We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Rick Magnis, Presiding Judge, 283rd Judicial District Court, and to counsel for all parties. /s/ DAVID EVANS JUSTICE

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