Daryl Washington v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-25-00188-CR

DARYL WASHINGTON, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 364th District Court
Lubbock County, Texas
Trial Court No. DC-2022-CR-2110, Counts I and III;
Honorable William R. Eichman II, Presiding

October 1, 2025
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Daryl Washington, appeals his convictions for possession of a

controlled substance 1 and unlawful possession of a firearm. 2 Appellant’s brief was due

September 5, 2025, but was not filed. By letter of September 16, 2025, we admonished

Appellant’s appointed counsel that failure to file a brief by September 26 would result in

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b).

2 See TEX. PENAL CODE ANN. § 46.04(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 October 31,

2025. 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