Background
Raymundo Javier Ortiz appealed his murder conviction and sentence of ninety-nine years of confinement. His appointed counsel’s appellate brief was originally due June 11, 2026.
The court granted counsel three extensions because of counsel’s caseload. It then warned counsel that no additional extensions would be granted and that failure to file by September 11, 2026, would result in abatement and remand without further notice. Counsel neither filed a brief nor communicated further with the court.
The Court’s Holding
The Seventh Court of Appeals abated the appeal and remanded the case to the trial court under Texas Rule of Appellate Procedure 38.8(b)(2) and (3). The appellate court did not decide the merits of Ortiz’s conviction or sentence.
On remand, the trial court must determine whether Ortiz still wishes to pursue the appeal, whether he is indigent, why no timely brief was filed, whether appointed counsel abandoned the appeal or provided ineffective assistance, whether new counsel should be appointed, and when a brief can be expected. The trial court must enter any necessary orders and file a supplemental record containing its findings by November 2, 2026.
Key Takeaways
- The order concerns a failure to prosecute the appeal through timely briefing, not the merits of Ortiz’s murder conviction.
- The trial court must investigate whether counsel abandoned the appeal or denied Ortiz effective assistance.
- If Ortiz wants to continue, is indigent, and was denied effective assistance, the trial court may appoint new counsel.
Why It Matters
The order illustrates the procedure Texas appellate courts use when appointed counsel fails to file a criminal appellant’s brief. Rather than dismissing the appeal or reaching the merits without briefing, the court required a trial-court inquiry aimed at protecting the defendant’s appellate rights.
The remand also creates a specific record for deciding whether counsel should be replaced and establishes a deadline for returning the trial court’s findings to the appellate court.