Pablo Olivarez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 2, 2023
• Docket: 07-22-00368-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00368-CR No. 07-22-00369-CR

PABLO OLIVAREZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 287th District Court Bailey County, Texas Trial Court Nos. 3178 & 3268, Honorable Gordon H. Green, Presiding

May 2, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Pablo Olivarez, appeals two convictions for assault on a peace officer1

and concurrent sentences of twelve and eighteen years of confinement. Appellant’s brief

was originally due March 3, 2023, but was not filed. We subsequently granted Appellant’s

counsel two extensions to file a brief. By letter of April 5, 2023, we admonished

Appellant’s counsel that failure to file a brief by April 17 could result in the appeals being

1 See TEX. PENAL CODE ANN. § 22.01(b-2). abated and the causes remanded to the trial court for further proceedings. To date,

Appellant’s counsel has not filed a brief or had any further communication with this Court.

We, therefore, abate the appeals and remand the causes 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 appeals;

(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 appeals;

(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 appeals, 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 1, 2023. If

it is determined that Appellant desires to proceed with the appeals, 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 Appellant’s counsel file a brief on or before May16, 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.