Rashari Nae Fonne Brent v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00352-CR
RASHARI NAE FONNE BRENT, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 426th District Court
Bell County, Texas1
Trial Court No. 80164, Honorable Steven J. Duskie, Presiding
May 16, 2024
ORDER OF ABATEMENT AND REMAND
Before PARKER and DOSS and YARBROUGH, JJ.
Appellant, Rashari Nae Fonne Brent, appeals his conviction for murder2 and
sentence to fifty-two years of confinement. Appellant’s brief was originally due February
26, 2024, but we granted Appellant’s counsel two extensions to file a brief. By letter of
April 8, 2024, we admonished counsel that failure to file a brief by April 26 could result in
1 Originally appealed to the Third 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.
2 See TEX. PENAL CODE ANN. § 19.02(b)(3).
the appeal being abated and the cause remanded to the trial court for further proceedings
without further notice. However, 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) if appellant is not indigent, whether Appellant has made the necessary
arrangements for filing a brief;
(4) why a timely appellate brief has not been filed on Appellant’s behalf;
(5) whether Appellant’s counsel has abandoned the appeal;
(6) whether Appellant has been denied the effective assistance of counsel;
(7) whether new counsel should be appointed;
(8) 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 June 17, 2024.
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 Appellant’s counsel file a brief on or before May 30, 2024, 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