Joaquin Coronado v. State ( 2018 )

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
May 18, 2018
ORDER OF ABATEMENT AND REMAND
Before CAMPBELL 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. We previously
abated this appeal and remanded the cause to the trial court on March 19, 2018, after
appellant failed to file a brief. On remand, the trial court entered findings that appellant
desired to continue the appeal, appellant was indigent, and Mr. Charles Blevins should
1 TEX. PENAL CODE ANN. § 71.02 (West Supp. 2017).
continue as appointed counsel for appellant. Mr. Blevins represented to the trial court
that appellant’s brief would be filed by April 16, 2018.
Accordingly, the appeal was reinstated on this Court’s docket and appellant’s brief
was due April 16, 2018. Appellant did not file a brief by this deadline. By letter of April
30, 2018, we notified Mr. Blevins that the brief was overdue and admonished him that
failure to file a brief by May 10 would 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. Blevins has not filed a brief or had any further communication
with this Court.
Accordingly, we again 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 June 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 June 18, 2018.
It is so ordered.
Per Curiam
Do not publish.
3