Jennifer Jill Whitehead v. State ( 2013 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-13-00054-CR
JENNIFER JILL WHITEHEAD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 3rd District Court
Anderson County, Texas
Trial Court No. 30256
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
Jennifer Jill Whitehead appeals from her conviction of capital murder of an individual
under age six, her conviction of injury to a child, and the sentences resulting from those
convictions. Whitehead’s notice of appeal was filed March 12, 2013. The appellate record was
completed by the filing of the reporter’s record on August 26, making Whitehead’s brief due
September 25.
Efforts from our clerk’s office to obtain the appellant’s brief and/or a motion to extend
the briefing deadline proved unproductive; consequently, we sent a late brief notice to
appellant’s counsel, William M. House, Jr., on October 14 advising him of the late status of the
brief and establishing a new deadline—October 29—for filing the brief. We also warned House
that his failure to file the brief could result in abatement to the trial court for a hearing in
accordance with Rule 38.8 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P.
38.8(b).
In response to our late brief notice, House filed a motion to extend, which we granted,
extending the deadline for filing appellant’s brief to December 2. We have received neither the
brief nor a motion to further extend the filing deadline, and House’s communications with our
clerk’s office give us no assurance that the brief is forthcoming.
In a last-ditch effort to avoid abating this matter to the trial court for a Rule 38.8 hearing,
we order House to file the appellant’s brief in this matter, to be received by this Court on or
before January 2, 2014. If no brief is filed by that date, we will abate this matter to the trial court
to conduct the hearing required by Rule 38.8 of the Texas Rules of Appellate Procedure. See id.
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Additionally, House is warned that his failure to file the appellant’s brief in this matter by
the deadline established in this order may result in contempt proceedings against him, requiring
him to show cause why he should not be held in contempt of this Court and punished for failing
to obey the dictates of this order.
Pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure, the clerk of this
Court shall serve copies of this order on the trial court and on the State of Texas, through her
representatives in the Anderson County District Attorney’s Office. See id.
IT IS SO ORDERED.
BY THE COURT
Date: December 20, 2013
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