Evan Samuel Cantrell v. the State of Texas
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledJuly 15, 2026
Docket07-25-00308-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-25-00308-CR
EVAN SAMUEL CANTRELL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 78th District Court
Wichita County, Texas
Trial Court No. DC78-CR2023-1546, Honorable Meredith Kennedy, Presiding
July 15, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and YARBROUGH and PRATT, JJ.
Appellant, Evan Samuel Cantrell, appeals his conviction for aggravated sexual
assault of a child 1 and sentence to thirty years of confinement. 2 Appellant’s brief was
originally due March 19, 2026, but we granted Appellant’s counsel three extensions to file
a brief due to counsel’s caseload. By letter of June 9, 2026, we admonished Appellant’s
1 See TEX. PENAL CODE § 22.021.
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.
counsel that no further extensions would be granted and that failure to file a brief by July
6, 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:
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 September 1,
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