Lasha Spacek v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 5, 2023
• Docket: 07-22-00196-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00196-CR

LASHA EILEEN SPACEK, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 428th District Court Hays County, Texas1 Trial Court No. CR-19-1300-D, Honorable Daniel H. Mills, Sitting by Assignment

April 5, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Lasha Eileen Spacek, appeals her conviction for theft2 and sentence to

two years’ confinement in a state jail facility. Appellant’s brief was originally due

December 28, 2022, but we granted Appellant’s appointed counsel two extensions to file

a brief due to counsel’s caseload. By letter of February 13, 2023, we admonished

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. 2 See TEX. PENAL CODE ANN. § 31.03(e)(4)(D). Appellant’s counsel that no further extensions would be granted and that failure to file a

brief by March 27 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 May 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 April 19, 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.