Court of Civil Appeals of Texas, 2010

Shaun Heath Brooks v. State

Shaun Heath Brooks v. State
Court of Civil Appeals of Texas · Decided March 22, 2010

Shaun Heath Brooks v. State

Opinion

                                                            NO. 07-09-0369-CR

 

                                                   IN THE COURT OF APPEALS

 

                                       FOR THE SEVENTH DISTRICT OF TEXAS

 

                                                                 AT AMARILLO

 

                                                                     PANEL C

 

                                                              MARCH 22, 2010

                                            ______________________________

 

                                                      SHAUN HEATH BROOKS,

 

Appellant

 

                                                                             v.

 

                                                        THE STATE OF TEXAS,

 

Appellee

                                         _________________________________

 

                      FROM THE 251st DISTRICT COURT OF RANDALL COUNTY;

 

                                  NO. 20486-C; HON. ANA ESTEVEZ, PRESIDING

                                           _______________________________

 

                                                                       ORDER

                                           _______________________________

 

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.


            Shaun Heath Brooks, appellant, appeals a conviction from the offense of possession of a controlled substance and a sentence of twelve months in a state jail facility.  Appellant timely perfected this appeal by filing notice of appeal on November 12, 2009.  Subsequently, counsel for appellant has asked for and received an extension of time in which to file appellant’s brief.  On March 19, 2010, this Court received appellant’s second motion for extension of time in which to file the brief wherein an additional thirty days was requested.  Counsel cited as good cause for the second extension simply that “counsel has been involved in numerous other cases, trials and hearings.”

            Those convicted of criminal acts are entitled to effective assistance of counsel on appeal.  The failure of counsel to timely prosecute an appeal falls short of rendering such assistance.  To avoid the latter circumstance from occurring at bar, we hereby grant appellant an additional twenty-one days in which to file his brief and order L. Van Williamson, SBN 21624550, 1017 W. 10th, Amarillo, Texas, 79101, to prepare and file a brief in this cause on behalf of his client, Shaun Heath Brooks, in compliance with the Texas Rules of Appellate Procedure.  Mr. Williamson is further ordered to file said brief with the clerk of this Court at 501 S. Fillmore, Suite 2-A, Amarillo, Texas, in a manner assuring that it will be personally received by said clerk on or before 5:00 p.m. on April 8, 2010.  Failure to comply with this directive will result in a hearing directing Mr. Williamson to show cause why he should not be held in contempt.

 

                                                                                    Per Curiam

Do not publish.

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