Joe Herrera v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2024
• Docket: 07-24-00005-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00005-CR

JOE HERRERA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 54th District Court McLennan County, Texas1 Trial Court No. 2022-2001-C2, Counts I & II, Honorable Alan Bennett, Presiding

June 28, 2024 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Joe Herrera, appeals his convictions for assault family violence2 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

1 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. 2 See TEX. PENAL CODE ANN. § 22.01. 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.

2 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.

Per Curiam

Do not publish.