Jeffery Todd Archer v. the State of Texas ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00139-CR
JEFFERY TODD ARCHER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court
Deaf Smith County, Texas
Trial Court No. 21-0190, Honorable D.J. Wagner, Presiding
November 2, 2022
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Jeffery Todd Archer, appeals his conviction for criminal trespass with a
deadly weapon1 and sentence to 180 days’ confinement, suspended in favor of
community supervision for one year. Appellant’s brief was originally due August 19, 2022,
but we granted Appellant’s counsel two extensions to file a brief due to his caseload. By
letter of September 20, 2022, we admonished counsel that failure to file a brief by October
1 See TEX. PENAL CODE ANN. § 30.05(d)(3)(C).
17 could result in the appeal being abated and the cause remanded to the trial court for
further proceedings without further notice. To date, Appellant’s counsel has not filed a
brief or had any further communication with this Court.
Accordingly, we abate this 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 Appellant’s behalf;
(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 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 December 2,
2022. 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, telephone 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 November 16, 2022, he 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