Max Andrew Soto v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 22, 2023
• Docket: 07-22-00356-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00356-CR

MAX ANDREW SOTO, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the County Court Hale County, Texas Trial Court No. 2021C-463, Honorable David B. Mull, Presiding

May 22, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Max Andrew Soto, appeals his conviction for unlawful carrying of a

weapon.1 Appellant’s brief was originally due April 13, 2023, but was not filed. By letter

of April 27, 2023, we admonished Appellant’s appointed counsel that failure to file a brief

by May 8 would result in the appeal being abated and the cause remanded to the trial

1 See TEX. PENAL CODE ANN. § 46.02. 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 June 21, 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.

Should counsel file a brief on or before June 5, 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.

2 It is so ordered.

Per Curiam

Do not publish.