Opinion
NUMBER 13-16-00242-CR
05-04-2017
RICHARD HENDERSON, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 94th District Court of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Hinojosa
Order Per Curiam
On November 4, 2016, appellant Richard Henderson's court-appointed counsel filed an appellate brief in this Court. Since that time, this Court has received several pro se letters from appellant. In these letters, appellant complains that his counsel has allegedly failed to keep him apprised of matters relating to the pendency of this appeal. Among other things, appellant has represented to this Court that he filed a grievance against his counsel.
On April 18, 2017, appellant's counsel simultaneously filed a motion to withdraw in the trial court and a motion to abate this appeal and remand the case to the trial court for a ruling on that motion. We GRANT counsel's motion to abate, and we remand this cause as follows.
Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning whether appellant's counsel's motion to withdraw should be granted. If the trial court determines that counsel's motion to withdraw should be granted, the trial court shall appoint new counsel to represent appellant in this appeal. If new counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issue, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
If new counsel is appointed, appellant shall have thirty days from the date of counsel's appointment to inform this Court, through his counsel, whether he wishes to rely on his already-filed appellate brief.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b) Delivered and filed the 4th day of May, 2017.