Gbolahan Odulate v. the State of Texas
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledJuly 29, 2026
Docket07-26-00113-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00112-CR
No. 07-26-00113-CR
GBOLAHAN ODULATE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 462nd District Court
Denton County, Texas
Trial Court Nos. F24-1812-462 & F24-1813-462, Honorable Vicki Barbee Isaacks, Presiding
July 29, 2026
ORDER OF ABATEMENT AND REMAND
Before PARKER, C.J., and YARBROUGH and PRATT, JJ.
Appellant, Gbolahan Odulate, appeals his convictions for aggravated assault1 and
the concurrent three-year sentences imposed for each conviction.2 Appellant’s brief was
originally due April 20, 2026, but we granted Appellant’s counsel three extensions to file
a brief due to counsel’s caseload. By letter of June 26, 2026, we admonished Appellant’s
1 See TEX. PENAL CODE §22.02.
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
20, 2026, would result in the appeals being abated and the causes remanded to the trial
court for further proceedings without further notice. On July 21, 2026, Appellant’s counsel
filed a fourth motion requesting a thirty-day extension to file a brief.
In the interest of conservation of judicial resources, we deny Appellant’s fourth
motion for extension, abate the appeals, and remand the causes 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 appeals;
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 appeals;
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 appeals, 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 appeals, is indigent,
and has been denied the effective assistance of counsel, the trial court may appoint new
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counsel; the name, address, email address, phone number, and state bar number of any
newly appointed counsel shall be included in the aforementioned findings.
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.
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