Allen ODonald Nash v. State, 07-16-00247-CR

Appellant was convicted of five counts of aggravated sexual assault of a child and sentenced to life; appellate counsel initially appointed did not file a notice of appeal, so Appellant obtained an out-of-time appeal.
Appellant filed a pro se notice of appeal; appellate counsel was later appointed but failed to file an appellate brief by multiple deadlines.
The trial court previously admonished appointed counsel (Mr. Bartlett) to file the brief and to keep the court updated; counsel nonetheless failed to file the brief or communicate with the appellate court.
This Court previously abated the appeals and remanded; after reinstatement the brief remained outstanding despite a written court reminder and an extension to March 10, 2017.
The Court ordered another abatement and remand for the trial court to determine why counsel failed to file the brief and to take steps (including a hearing) to ensure a brief is filed or new counsel appointed if Appellant is indigent and desires to continue the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appellate court should abate and remand for the trial court to determine counsel's failure to file the brief and to take corrective action	Appellant contends counsel abandoned the appeal by failing to file a brief and wants the court to ensure representation and prosecution of the appeal	State does not dispute failure to file but relies on court procedures for remand and appointment	Court ordered abatement and remand; trial court must investigate, hold a hearing if brief not filed by April 14, 2017, and make findings and orders to ensure a brief is filed or new counsel appointed
Whether the trial court has a constitutional duty to ensure appointed appellate counsel files a brief or to appoint new counsel for an indigent appellant	Appellant asserts right to effective assistance on appeal, which requires filing a brief	State recognizes the duty but expects trial court to follow procedures before replacing counsel	Court reiterated the trial court’s constitutional duty to provide effective appellate counsel and the authority to require appointed counsel to file a brief or to appoint new counsel (citing precedent)

Guillory v. State, 557 S.W.2d 118 (Tex. Crim. App. 1977) (trial court must ensure indigent appellant receives effective assistance on appeal; counsel must file a brief or be replaced)
Douglas v. California, 372 U.S. 353 (1963) (indigent defendants have a constitutional right to counsel on appeal)