Kevin Runels v. the State of Texas ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00173-CR
KEVIN RUNELS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 364th District Court
Lubbock County, Texas
Trial Court No. DC-2022-CR-0329, Honorable William R. Eichman II, Presiding
December 28, 2022
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Kevin Runels, appeals his conviction for possession of a controlled
substance with intent to deliver1 and sentence to forty years’ confinement. Appellant’s
brief was originally due September 19, 2022, but we granted Appellant’s counsel two
extensions to file a brief. By letter of November 30, 2022, we admonished Appellant’s
counsel that failure to file a brief by December 12 would result in the appeal being abated
1 See TEX. HEALTH & SAFETY CODE ANN. § 481.112(f).
and the cause 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 appeal and remand the cause 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 appeal;
(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 appeal;
(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 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 January 27, 2023.
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 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 January 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