Victor Rajjaunh Harvey v. the State of Texas

Summary

The Seventh Court of Appeals of Texas abates Victor Rajjaunh Harvey’s appeal from the revocation of his community supervision and remands the matter to the trial court. The trial court is directed to determine whether Harvey wishes to continue the appeal, his indigency and representation status, the reasons for the missing brief, and related counsel issues, and to file a supplemental record by June 22, 2026.

Holdings

1. When appointed appellate counsel fails to file the appellant's brief after being given notice and an additional deadline, the appellate court may abate the appeal and remand the cause for trial-court proceedings under Texas Rule of Appellate Procedure 38.8(b)(2) and (3).
2. On remand, the trial court must determine whether the appellant wishes to continue the appeal, whether the appellant is indigent, why the brief was not timely filed, whether counsel abandoned the appeal, whether the appellant was denied effective assistance of counsel, whether new counsel should be appointed, and when any brief will be filed, and must provide those findings in a supplemental record.

Questions Presented

1. Whether the appeal should be abated and remanded when appointed appellate counsel failed to file a timely brief.
2. What factual and procedural findings the trial court must make concerning Harvey's desire to prosecute the appeal, indigency, counsel's failure to file a brief, possible abandonment, ineffective assistance, and possible appointment of new counsel.

Disposition

remanded