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Silverio Hernandez, Jr. v. State
Citation: Not availableDocket: 07-11-00240-CR
Court: Court of Appeals of Texas; January 11, 2012; Texas; State Appellate Court
Original Court Document: View Document
Silverio Hernandez, Jr. was convicted of aggravated assault with a deadly weapon and sentenced to ten years of confinement and a $5,000 fine after pleading not guilty. Following the conviction, an appeal was initiated, but the appellant's brief, due on October 12, 2011, was not filed despite extensions granted until November 21, 2011. The court notified the appointed counsel of the outstanding brief, warning of potential abatement and remand if not addressed. Due to continued non-communication and failure to file the brief, the court has decided to abate the appeal and remand the case to the trial court for further action. The trial court is tasked with determining the reasons for the failure to file the brief and ensuring its submission. If the brief is filed by January 23, 2012, no further action will be needed. If not, a hearing will be held to assess whether Hernandez wishes to continue the appeal, his indigency status for appointed counsel, and whether he has been denied effective assistance of counsel. Should new counsel be appointed, their details must be provided to the appellate court, and findings of fact and conclusions of law must be submitted by February 13, 2012. If the existing counsel remains, the brief must be filed by February 6, 2012.