Victor Rajjaunh Harvey v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-25-00394-CR

VICTOR RAJJAUNH HARVEY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 154th District Court
Lamb County, Texas
Trial Court No. DCR-6186-21, Honorable Scott A. Say, Presiding

May 20, 2026
ORDER OF ABATEMENT AND REMAND
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Victor Rajjaunh Harvey, appeals from the trial court’s judgment revoking

his community supervision for the offense of assault of a family or household member1

and sentencing him to nine years and nine months of confinement. Appellant’s brief was

due April 13, 2026, but was not filed. By letter of April 21, 2026, we admonished

Appellant’s appointed counsel that failure to file a brief by May 1, 2026, would result in

1 See TEX. PENAL CODE § 22.01(b)(2)(A).
the appeal being abated and the cause remanded to the trial court for further proceedings

without further notice. To date, Appellant’s counsel has neither filed a brief nor had any

further communication with this Court.

Accordingly, we abate the 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 behalf of Appellant;

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; and

8. if Appellant desires to continue the appeal, the date the Court may expect

Appellant’s brief to be filed.

The trial court is also 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 22, 2026.

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 new counsel;

the name, address, email address, phone 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 the date the trial court acts per

our directive, he shall 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