Opinion
NUMBER 13-15-00507-CR
08-03-2016
DARRELL HARDAWAY, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court of Victoria County, Texas.
SUPPLEMENTAL ABATEMENT ORDER
Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam
This appeal was abated by this Court on July 19, 2016 because appellant's brief had not been filed. This cause is before the Court because appellant's counsel, Arnold K. Hayden Jr., has filed a motion to withdraw as counsel. According to his motion to withdraw, good cause exists for him to withdraw because communication with appellant has broken down and appellant wishes for new counsel to be appointed.
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.
Upon remand, the trial court shall determine whether appellant's court-appointed attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to new appointed counsel. If the trial court determines that there is no reason to discharge appellant's current appointed attorney and appoint substitute counsel, the court shall enter an order to that effect. If the trial court determines that new 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PER CURIAM Do not publish.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(b). Delivered and filed the 3rd day of August, 2016.