Opinion
07-22-00301-CR 07-23-00019-CR
04-27-2023
JOSE FALCON, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish.
On Appeal from the 462nd District Court Denton County, Texas Trial Court Nos. F21-3263-462 &F21-3264-462, Honorable Don Emerson, Sitting by Assignment
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
ORDER OF ABATEMENT AND REMAND
PER CURIAM
Appellant, Jose Falcon, appeals his two convictions for theft and concurrent sentences to nine years' confinement. Appellant's brief was originally due February 13, 2023. We subsequently granted Appellant's appointed counsel an extension to March 15, 2023, to file a brief. No brief was filed by this deadline. By letter of March 24, 2023, we notified Appellant's counsel that the brief was overdue and admonished her that failure to file a brief by April 3 would result in the appeals being abated and the causes remanded to the trial court for further proceedings. Appellant's counsel has not filed a brief or had any further communication with this Court to date.
Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001.
We, therefore, abate the appeals and remand the causes to the trial court for further proceedings. See TEX. R. APP. P. 38.8(b)(2), (3). Upon remand, the trial court shall determine the following:
(1) whether Appellant still desires to prosecute the appeals;
(2) whether Appellant is indigent;
(3) why a timely appellate brief has not been filed on behalf of Appellant;
(4) whether Appellant's counsel has abandoned the appeals;
(5) whether Appellant has been denied the effective assistance of counsel;
(6) whether new counsel should be appointed; and
(7) if appellant desires to continue the appeals, the date the Court may expect Appellant's brief to be filed.
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 May 30, 2023. If it is determined that Appellant desires to proceed with the appeals, is indigent, and has been denied the effective assistance of counsel, the trial court may appoint new counsel; the name, address, email address, phone number, and state bar number of any newly appointed counsel shall be included in the aforementioned findings.
Should counsel file a brief on or before May 11, 2023, she is directed to immediately notify the trial court of the filing, in writing, whereupon the trial court shall not be required to take any further action.
It is so ordered.