Summary
The Seventh District Court of Appeals of Texas abated Erick Kevin Beltran-Tovar’s appeal from his judgment adjudicating him guilty of sexual assault of a child and sentencing him to twenty years’ confinement. The court remanded the case to the trial court to determine whether Beltran-Tovar wishes to pursue the appeal, the status and effectiveness of appointed counsel, and the filing date for an appellate brief.
Court
Court of Appeals for the Seventh District of Texas at Amarillo
Jurisdiction
Court of Appeals for the Seventh District of Texas at Amarillo
Decision date
March 24, 2026
Docket number
No. 07-26-00040-CR
Disposition
remanded
Questions Presented
- Whether the appeal should be abated and remanded when appointed appellate counsel failed to file the appellant's brief and failed to communicate with the court.
- What factual and procedural determinations the trial court must make on remand regarding Appellant's desire to continue the appeal, indigency, counsel abandonment, ineffective assistance, and possible appointment of new counsel.
Holdings
- When appointed appellate counsel fails to file the appellant's brief after notice and an opportunity to cure, the court of appeals may abate the appeal and remand the cause to the trial court for the proceedings required by Texas Rule of Appellate Procedure 38.8(b)(2) and (3).
- On remand, the trial court must determine whether Appellant desires to prosecute the appeal, whether he is indigent, why the brief was not timely filed, whether counsel abandoned the appeal, whether Appellant was denied effective assistance of counsel, whether new counsel should be appointed, and when a brief may be filed if the appeal will continue.
Court Document
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