Opinion
NUMBER 13-18-00493-CR
04-03-2019
ROBERT ELLIS BATES, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 25th District Court of Gonzales County, Texas
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
Appellant's counsel, Thomas C. Stephenson, has filed a motion requesting to withdraw as counsel. According to his motion to withdraw, good cause exists for him to withdraw because he has accepted employment with the Lubbock County District Attorney in Lubbock, Texas. The motion states counsel is representing the appellant on a pro bono basis and appellant has previously been found to be indigent
Adequate reason for the discharge of counsel and appointment of new counsel rests within the sound discretion of the trial court. Carroll v. State, 176 S.W.3d 249, 255 (Tex. App.--Houston [1st Dist.] 2004, pet. ref'd). In those circumstances where the appointment of substitute counsel may be necessary, an appellate court, when faced with a motion to withdraw, should abate the proceeding to the trial court for determination of this issue. Accordingly, we ABATE the appeal and REMAND the cause to the trial court for further proceedings consistent with this order.
If the trial court determines that counsel should be appointed, the name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order appointing counsel. The trial court shall further cause its order to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
It is so ordered.
PER CURIAM Do Not Publish.
TEX. R. APP. P. 47.2. Delivered and filed the 3rd day of April, 2019.