Francisco Bazan v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-24-00167-CR

FRANCISCO BAZAN, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 140th District Court Lubbock County, Texas

Trial Court No. DC-2022-CR-1194, Honorable Douglas H. Freitag, Presiding

November 7, 2024

ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Francisco Bazan, appeals his conviction for aggravated assault with a deadly weapon1 and sentence to fifty years of confinement. Appellant’s brief was originally due August 23, 2024, but we granted Appellant’s appointed counsel two extensions to file a brief due to counsel’s caseload. By letter of September 18, 2024, we admonished Appellant’s counsel that failure to file a brief by October 22 could result in

1 See TEX. PENAL CODE ANN. § 22.02(a)(2).

the appeal being abated and the cause remanded to the trial court for further proceedings without further notice. To date, Appellant’s counsel has neither filed a brief nor 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 behalf of Appellant;

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 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 December 9, 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 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.

3

Should Appellant’s counsel file a brief on or before November 22, 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.

Per Curiam

Do not publish.