Opinion
08-23-00179-CR
02-09-2024
AARON VAN BROWN, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 109th Judicial District Court of Andrews County, Texas (TC# 8244)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
On February 7, 2024, this Court received a letter from Appellant requesting that the brief filed on January 25, 2024 by his court-appointed attorney, Bret Mansur, be withdrawn. The letter contains several factual assertions about the appointment of appellate counsel and aspects of Bret Mansur's representation that we have no need to recount here. A copy of the letter has been separately provided to all counsel of record and the trial court as an attachment to correspondence by the Court. We decline to withdraw the brief at this time.
Instead, the Court finds that an evidentiary hearing is necessary, and we ABATE this cause and REMAND to the trial court. The trial court shall conduct a hearing to determine whether Appellant had knowledge that his trial counsel had withdrawn, whether Appellant knew Mr. Mansur was appointed to represent him on appeal, and if so, when did Appellant become aware of Mr. Mansur's appointment. The trial court shall also make an inquiry into any conflict between Appellant and Mr. Mansur to determine whether Appellant can show adequate cause for the appointment of another attorney. See Maes v. State, 275 S.W.3d 68, 71 (Tex. App.-San Antonio 2008, no pet.) ("A defendant bears the burden of making the trial court aware of his dissatisfaction with counsel, stating his grounds for his dissatisfaction, and offering evidence in support of his complaint.").
The trial court shall conduct a hearing within 45 days of the date of this order. At the conclusion of the hearing, the trial court shall make findings and conclusions and file the same with the district clerk. The findings should include but are not limited to: (1) whether Appellant had knowledge that his trial counsel had withdrawn; (2) whether Appellant had knowledge that Mr. Mansur was appointed to represent him on appeal, and if Appellant did not have concurrent knowledge of the appointment, when Appellant learned of Mr. Mansur's appointment; and (3) whether Appellant is entitled to new counsel. Should the trial court conclude that Appellant is entitled to substitute counsel, the trial court shall appoint new counsel to represent Appellant.
The hearing shall be transcribed, and the court reporter shall certify and file a supplemental reporters record in this Court within 10 days of the date of the hearing. The district clerk is directed to file a supplemental clerk's record containing the trial court's findings and any additional orders issued by the trial court upon remand within 10 days of the date of the hearing. This cause shall remain abated until both the supplemental clerk's record and the supplemental reporter's record are received. The appellate timetable is suspended during the abatement. Upon reinstatement, this Court will issue an updated briefing schedule pending the outcome of the hearing on remand.
Appellant's counsel is instructed to promptly deliver a copy of this order to his client. The Court will not engage in direct communications with a represented party to an appeal.
IT IS SO ORDERED