Jose Falcon v. The State of Texas Appeal from 462nd District Court of Denton County (memorandum opinion per curiam)
Annotate this Case
Download PDF
In The Court of Appeals Seventh District of Texas at Amarillo No. 07-22-00301-CR No. 07-23-00019-CR JOSE FALCON, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 462nd District Court Denton County, Texas Trial Court Nos. F21-3263-462 & F21-3264-462, Honorable Don Emerson, Sitting by Assignment April 27, 2023 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and DOSS and YARBROUGH, JJ. Appellant, Jose Falcon, appeals his two convictions for theft1 and concurrent sentences to nine years’ confinement.2 Appellant’s brief was originally due February 13, 2023. We subsequently granted Appellant’s appointed counsel an extension to March 1 2 See TEX. PENAL CODE ANN. § 31.03. Originally appealed to the Second 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. 15, 2023, to file a brief. No brief was filed by this deadline. By letter of March 24, 2023, we notified Appellant’s counsel that the brief was overdue and admonished her that failure to file a brief by April 3 would result in the appeals being abated and the causes 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 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 May 30, 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. 2 Should counsel file a brief on or before May 11, 2023, she 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. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
