Erick Kevin Beltran-Tovar v. State of Texas - Appeal Abated
Summary
The Texas Court of Appeals has abated and remanded the appeal of Erick Kevin Beltran-Tovar, who was convicted of sexual assault of a child. The court took this action because Appellant's appointed counsel failed to file the required appellate brief by the court's deadline.
What changed
The Texas Court of Appeals, Seventh District (Amarillo), has issued an order abating and remanding the appeal of Erick Kevin Beltran-Tovar, who was convicted of sexual assault of a child and sentenced to twenty years confinement. The appeal was abated because Appellant's appointed counsel failed to file the required appellate brief by the court's deadline of March 16, 2026. The court admonished counsel that failure to file would result in abatement and remand.
Upon remand, the trial court is directed to determine several key issues, including whether Appellant still wishes to pursue the appeal, his indigency status, why the brief was not filed, whether counsel abandoned the appeal, if Appellant was denied effective assistance of counsel, and whether new counsel should be appointed. The trial court must also ascertain the expected filing date for Appellant's brief if he wishes to continue the appeal. This action highlights the critical importance of timely filing appellate briefs and the potential consequences of counsel's failure to do so, including the abatement of appeals and remand for further proceedings.
What to do next
- Review trial court's determination on Appellant's desire to appeal and counsel status.
- Ensure new counsel is appointed if necessary and Appellant wishes to continue the appeal.
- Monitor trial court's orders regarding the filing of the appellate brief.
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March 24, 2026 Get Citation Alerts Download PDF Add Note
Erick Kevin Beltran-Tovar v. the State of Texas
Texas Court of Appeals, 7th District (Amarillo)
- Citations: None known
- Docket Number: 07-26-00040-CR
- Nature of Suit: Sexual Assault
Disposition: Abated
Disposition
Abated
Lead Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00040-CR
ERICK KEVIN BELTRAN-TOVAR, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 355th District Court
Hood County, Texas
Trial Court No. CR14462, Honorable Bryan T. Bufkin, Presiding
March 24, 2026
ORDER OF ABATEMENT AND REMAND
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Erick Kevin Beltran-Tovar, appeals from the trial court’s judgment
adjudicating him guilty of sexual assault of a child1 and sentencing him to twenty years of
confinement.2 Appellant’s brief was due February 27, 2026, but was not filed. By letter
of March 6, 2026, we admonished Appellant’s appointed counsel that failure to file a brief
1 See TEX. PENAL CODE § 22.011.
2 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE § 73.001.
by March 16, 2026, would result in 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:
whether Appellant still desires to prosecute the appeal;whether Appellant is indigent;if Appellant is not indigent, whether Appellant has made the necessary
arrangements for filing a brief;
why a timely appellate brief has not been filed on behalf of Appellant;whether Appellant’s counsel has abandoned the appeal;whether Appellant has been denied the effective assistance of counsel;whether new counsel should be appointed; andif 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 April 23, 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
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