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Bermudez v. State

Court of Appeals of Texas, Eighth District, El Paso
Dec 19, 2023
No. 08-23-00349-CR (Tex. App. Dec. 19, 2023)

Opinion

08-23-00349-CR

12-19-2023

DAVID KENNETH BERMUDEZ, Appellant, v. THE STATE OF TEXAS, State.


Appeal from the 120th District Court of El Paso County, Texas (TC#20230D00688)

Before Alley, C.J., Palafox and Soto, JJ.

ORDER

PER CURIAM.

By letter dated December 15, 2023, the Honorable Maria Salas-Mendoza notified this Court that Appellant's counsel has filed a motion to withdraw and appoint new counsel in the trial court. The letter seeks this Court's approval to hold a hearing for the purpose of appointing new appellant counsel.

Appellant's counsel has not filed a motion to withdraw in this Court. Nonetheless, on our own motion, we ABATE this appeal and REMAND this cause to the trial court for further proceedings. Upon remand, the trial court shall hold any hearing it deems necessary to determine whether Appellant is indigent and entitled to new counsel, wants to hire counsel, or seeks to represent himself.

If the trial court determines that Appellant is entitled to new court-appointed counsel, the trial court shall appoint new counsel. The trial court shall forward its findings and recommendations, along with any orders it may enter to the District Clerk on or before January 19, 2024. The District Clerk shall prepare and forward the supplemental clerk's record containing the same to this Court on or before January 29, 2024. Further, the transcript of the hearing shall be prepared, certified, and filed with this Court within ten days of the date of the hearing. This appeal will be reinstated upon the date the complete supplemental clerk's record and reporter's record is filed with this Court.

IT IS SO ORDERED.


Summaries of

Bermudez v. State

Court of Appeals of Texas, Eighth District, El Paso
Dec 19, 2023
No. 08-23-00349-CR (Tex. App. Dec. 19, 2023)
Case details for

Bermudez v. State

Case Details

Full title:DAVID KENNETH BERMUDEZ, Appellant, v. THE STATE OF TEXAS, State.

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Dec 19, 2023

Citations

No. 08-23-00349-CR (Tex. App. Dec. 19, 2023)