Opinion
07-24-00005-CR
06-28-2024
JOE HERRERA, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish
On Appeal from the 54th District Court McLennan County, Texas Trial Court No. 2022-2001-C2, Counts I & II, Honorable Alan Bennett, Presiding
This appeal was transferred to this Court from the Tenth Court of Appeals pursuant to a docket equalization order of the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
Before QUINN, C.J., and PARKER and DOSS, JJ.
ORDER OF ABATEMENT AND REMAND
Per Curiam
Appellant, Joe Herrera, appeals his convictions for assault family violence and concurrent sentences of forty years' confinement. Appellant's brief was originally due February 28, 2024, but we granted Appellant's appointed counsel three extensions to file a brief due to his caseload. By letter of May 7, 2024, we admonished counsel that no further extensions would be granted and that failure to file a brief by May 29 would result in the appeal being abated and the cause remanded to the trial court for further proceedings without further notice. To date, Appellant's counsel has not filed a brief or had any further communication with this Court.
Accordingly, we abate this appeal and remand the cause 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 appeal;
(2) whether Appellant is indigent;
(3) why a timely appellate brief has not been filed on Appellant's behalf;
(4) whether Appellant's counsel has abandoned the appeal;
(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 appeal, the date the Court may expect Appellant's brief to be filed.
The trial court is 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 August 27, 2024. If it is determined that Appellant desires to proceed with the appeal, is indigent, and has been denied the effective assistance of counsel, the trial court may appoint him new counsel; the name, address, email address, telephone number, and state bar number of any newly appointed counsel shall be included in the aforementioned findings.
Should Appellant's counsel file a brief on or before July 29, 2024, he 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.