Opinion
NUMBER 13-15-00123-CR
01-20-2017
LUCAS MORIN, APPELLANT, v. THE STATE OF TEXAS, APPELLEE.
On appeal from the 156th District Court of Bee County, Texas.
THIRD SUPPLEMENTAL ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Hinojosa
Order Per Curiam
On December 15, 2016, this Court issued a second supplemental order of abatement because appellant's counsel had not filed an appellate brief. On January 12, 2017, the trial court conducted a hearing and made the following recommendations: 1) that the appeal continue; 2) that appellant's counsel has effectively abandoned the appeal; 3) that appellant has been denied effective assistance of counsel on appeal; 4) that the Court of Appeals permit the trial court to remove Deanna Brown Hogan as appellant's counsel; and 5) that upon appointment of new counsel, the Court of Appeals extend the date of submission of appellant's brief to thirty days after such appointment.
Appellant is entitled to effective assistance of counsel and we have a duty to ensure that appellant's rights are protected. Accordingly, we direct the trial court to remove Deanna Brown Hogan as counsel for appellant and appoint new appellate counsel in her place. The name, address, telephone number, email address, and state bar number of newly appointed counsel shall be included in the order of appointment. The trial court shall 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.
Appellant's brief will be due within thirty days of the date that appellant's new counsel is appointed.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 20th day of January, 2017.