In the Matter of I v. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 13, 2024
• Docket: 07-23-00410-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00410-CV

IN THE MATTER OF I.V.

On Appeal from the County Court at Law No. 2 Hays County, Texas Trial Court No. 5523, Honorable Christopher P. Johnson, Presiding

March 13, 2024 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, I.V., appeals from the trial court’s Dispositional Order of Transfer to the

Institutional Division of the Texas Department of Criminal Justice. 1 Appellant’s brief was

originally due January 11, 2024, but we granted Appellant’s counsel two extensions to file

a brief due to her caseload. By letter of February 14, 2024, we admonished counsel that

failure to file a brief by February 22 could result in the appeal being abated and the cause

remanded to the trial court for further proceedings without further notice. On March 1,

2024, Appellant’s counsel filed a third motion requesting an extension to March 4, again,

1 Originally appealed to the Third 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. due to caseload. To date, however, counsel has not filed a brief or had any further

communication with this Court.

Accordingly, we deem Appellant’s motion for extension moot since the period

requested lapsed without a brief being filed, abate this appeal, and remand the cause to

the trial court for further proceedings. See TEX. R. APP. P. 38.8(a)(2); In re X.M., No. 07-

19-00046-CV, 2019 Tex. App. LEXIS 5301, at *2 (Tex. App.—Amarillo June 25, 2019,

order) (per curiam) (remanding juvenile delinquency case for appointment of new counsel

where appellant’s counsel failed to timely file an appellate brief). 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 April 10, 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

2 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 March 21, 2024, 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.

Per Curiam