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Avila v. State

Court of Appeals Seventh District of Texas at Amarillo
Aug 31, 2018
No. 07-18-00143-CR (Tex. App. Aug. 31, 2018)

Opinion

No. 07-18-00143-CR No. 07-18-00144-CR

08-31-2018

FERNANDO AGAPITO AVILA, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 108th District Court Potter County, Texas
Trial Court Nos. 73,789-E & 75,482-E, Honorable Abe Lopez, Presiding

ORDER OF ABATEMENT AND REMAND

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

Appellant Fernando Agapito Avila appeals his convictions for driving while intoxicated and evading arrest or detention using a vehicle. Appellant was represented by retained counsel, Mr. Ron Spriggs, at trial but filed a notice of appeal pro se. The appellate record has been filed and appellant's brief was due August 20, 2018. Appellant has not filed a brief to date, and appellant and Mr. Spriggs have had no communication with this court.

Accordingly, we abate these appeals and remand the causes to the 108th District Court of Potter County (trial court) for further proceedings. Upon remand, the trial court shall determine the following:

1. whether appellant still desires to prosecute the appeals;
2. whether Mr. Spriggs or any other attorney is representing appellant as appellate counsel;
3. if not, whether appellant is indigent;
4. if appellant is indigent, whether counsel should be appointed; and
6. if appellant desires to continue the appeals, the final date on which appellant will file appellant's brief.

The trial court is also directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a supplemental record and cause that record to be filed with this court by October 1, 2018. If it is determined that appellant desires to proceed with the appeals, is indigent, and has no appellate counsel, the trial court may appoint him counsel; the name, address, email address, and phone number of any counsel appointed shall be included in the aforementioned findings. Should further time be needed to perform these tasks, then same must be requested before October 1, 2018.

It is so ordered.

Per Curiam Do not publish.


Summaries of

Avila v. State

Court of Appeals Seventh District of Texas at Amarillo
Aug 31, 2018
No. 07-18-00143-CR (Tex. App. Aug. 31, 2018)
Case details for

Avila v. State

Case Details

Full title:FERNANDO AGAPITO AVILA, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Aug 31, 2018

Citations

No. 07-18-00143-CR (Tex. App. Aug. 31, 2018)