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McDaniel v. State

Because counsel failed, over a period of five months, in his duty to prosecute this appeal, to contact this court to explain his failure to file a brief or to take any action toward prosecuting the appeal, and because the court has been unable to contact counsel and has been informed that appellant has been free on bond, the court concludes that this appeal was not taken with the intention of pursuing it to effect, but for purposes of delay while appellant remains at liberty.

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OPINION

Brian Todd McDaniel appeals from his conviction on his plea of guilty for retaliation. He is represented on appeal by retained counsel, Jeffrey Sasser. The clerk’s record was filed on September 21, 2001, and the reporter’s record was filed on August 30, 2001. McDaniel’s brief was thus originally due on October 22, 2001.

Counsel has filed three motions to extend the time to file his brief. The last extension ended February 1, 2002. The final extension contained the notation that “NO MORE EXTENSIONS WILL BE GRANTED.” Our clerk’s office contacted counsel on February 25, 2002, at which time counsel stated that he had been in drug treatment, that he had completed the brief, and that he would send it to this Court by Federal Express on March 1, 2002. We did not receive his brief, and on March 7, 2002, we issued an order directing Sasser to file a brief on or before March 15, 2002, or be prepared to show cause why he should not be held in contempt of court.

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