Gerald Anthony Morgan v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 6, 2023
• Docket: 07-22-00300-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00300-CR

GERALD ANTHONY MORGAN, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 78th District Court Wichita County, Texas1 Trial Court No. DC78-CR2020-0381, Honorable Meredith Kennedy, Presiding

March 6, 2023 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Gerald Anthony Morgan, appeals his conviction for invasive visual

recording 2 and sentence to one hundred and eighty days confinement in a state jail

facility. Appellant’s brief was due January 26, 2023, but was not filed. By letter of

February 2, 2023, we notified Appellant’s appointed counsel that the brief was overdue

1Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalizations efforts. See TEX. GOV’T CODE ANN. § 73.001. 2 See TEX. PENAL CODE ANN. § 21.15. and admonished him that failure to file a brief by February 13 would result in the appeal

being abated and the cause 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.

We, therefore, abate the 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 April 5, 2023. 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.

2 Should counsel file a brief on or before March 20, 2023, 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.