Johnny Riojas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 4, 2025
• Docket: 07-24-00318-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00318-CR

JOHNNY RIOJAS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 364th District Court Lubbock County, Texas Trial Court No. 2020-420,072, Honorable William R. Eichman II, Presiding

September 4, 2025 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Johnny Riojas, appeals his conviction for aggravated assault1 and

sentence to five years of confinement. Appellant’s brief was due August 14, 2025, but

was not filed. By letter of August 22, 2025, we admonished Appellant’s counsel that

failure to file a brief by September 2 would result in the appeal being abated and the

cause remanded to the trial court for further proceedings without further notice. To date,

1 See TEX. PENAL CODE ANN. § 22.02(a)(2). Appellant’s counsel has neither filed a brief nor had any further communication with this

Court.

Accordingly, we 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. if Appellant is not indigent, whether Appellant has made the necessary

arrangements for filing a brief;

4. why a timely appellate brief has not been filed on behalf of Appellant;

5. whether Appellant’s counsel has abandoned the appeal;

6. whether Appellant has been denied the effective assistance of counsel;

7. whether new counsel should be appointed; and

8. 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 October 6, 2025.

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 Appellant’s counsel file a brief on or before the date the trial court acts per

our directive, he shall 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.