Opinion
13-23-00271-CR
07-19-2023
DONALD L. BOSON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 347th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Silva and Peña
ORDER OF ABATEMENT
PER CURIAM
Appellant's counsel, the honorable Jim Story, filed a motion to withdraw as attorney for appellant. According to the motion, good cause exists for him to withdraw because he does not handle appeals and was not retained to represent appellant in this appeal.
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 counsel may be necessary, an appellate court should abate the proceeding to the trial court for determination of this issue. Accordingly, we carry the motion, abate the appeal, and remand the cause to the trial court for further proceedings consistent with this order.
Upon remand, the trial court shall determine whether appellant is represented by another attorney and/or is entitled to new court-appointed counsel. If the trial court determines an attorney other than the Honorable Jim Story represents appellant, the trial court shall provide the name, address, email address, telephone number, and state bar number of the counsel; alternatively, if the trial court determines appellant is entitled to appointment of counsel, the name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order appointing counsel. If the trial court determines appellant has abandoned this appeal and/or is not entitled to court-appointment counsel, it shall issue such findings. The trial court shall further cause its findings and/or 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.