Desiree Nicole Romero v. State ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00036-CR
DESIREE NICOLE ROMERO, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Carson County, Texas
Trial Court No. 4898, Honorable Stuart Messer, Presiding
June 22, 2015
ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Desiree Nicole Romero, appellant, appeals her conviction for possession of
marihuana. Appellant timely perfected her appeal. The clerk’s record was filed on April
16, 2015, while the reporter’s record was filed on April 21, 2015. Appellant’s brief was
due on May 21, 2015. No brief was filed. On June 1, 2015, appellant’s counsel was
notified by letter that the brief was overdue and that unless appellant’s brief was filed on
or before June 11, 2015, the appeal would be abated. To date, no appellant’s brief
has been filed.
Accordingly, we abate this appeal and remand the cause to the 100th District
Court of Carson 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. whether appellant has been denied the effective assistance of counsel
due to counsel’s failure to file a timely appellate brief. See Ex parte
Briggs, 187 S.W.3d 458, 467 (Tex. Crim. App. 2005) (holding "a reasonably
competent attorney--regardless of whether he is retained or appointed--must
seek to advance his client's best defense in a reasonably competent
manner"); and
4. why a timely appellate brief has not been filed on behalf of appellant.
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 July 22, 2015. If
it is determined that appellant is indigent and has been denied the effective assistance
of counsel, the trial court may appoint him new counsel; the name, 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 July 22, 2015.
It is so ordered.
Per Curiam
Do not publish.
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