Joaquin Coronado v. The State of Texas Appeal from 154th District Court of Lamb County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-17-00174-CR JOAQUIN CORONADO, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 154th District Court Lamb County, Texas Trial Court No. DCR-5424-16, Honorable Felix Klein, Presiding March 19, 2018 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PIRTLE and PARKER, JJ. Appellant, Joaquin Coronado, appeals his conviction for engaging in organized criminal activity1 and the resulting sentence of 55 years imprisonment. Appellant’s brief was originally due October 20, 2017, but we granted appellant’s counsel, Ms. Julie Panger, two extensions to file a brief. Ms. Panger later moved to withdraw as appellant’s counsel. On December 7, 2017, the trial court appointed Mr. Cardine Watson as counsel 1 TEX. PENAL CODE ANN. § 71.02 (West Supp. 2017). for appellant. Thereafter, we granted Mr. Watson two extensions to file a brief. By letter on January 16, 2018, we admonished Mr. Watson that failure to file a brief by February 20 could result in the appeal being abated and the cause remanded to the trial court for further proceedings without further notice. See TEX. R. APP. P. 38.8(b)(2), (3). Mr. Watson subsequently moved to withdraw as appellant’s counsel and the trial court appointed Mr. Charles Blevins as counsel on February 12, 2018. Mr. Blevins did not file a brief by February 20. Thus, by letter on February 21, 2018, we directed Mr. Blevins to file a brief by March 5 and admonished him that we would abate the appeal and remand the cause to the trial court for further proceedings if a brief was not filed by this deadline. To date, Mr. Blevins has not filed a brief or had any further communication with this Court. Accordingly, we abate this appeal and remand the cause to the 154th District Court of Lamb County (trial court) for further proceedings. Upon remand, the trial court shall determine the following: 1. whether appellant 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 has been denied the effective assistance of counsel due to counsel’s failure to timely file an appellate brief; 5. whether new counsel should be appointed; and 6. 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 April 18, 2018. 2 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, and phone number of any new counsel appointed shall be included in the aforementioned findings. Should further time be needed to perform these tasks, then same must be requested before April 18, 2018. It is so ordered. Per Curiam Do not publish. 3
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