Opinion
01-22-00225-CR 01-22-00226-CR
06-29-2023
Lance Nero v. The State of Texas
County Court at Law No. 4 of Harris County Trial court case numbers: 2286260, 2323605
ORDER OF ABATEMENT
Appellant, Lance Nero, was appointed trial counsel in his underlying trial court causes. Appellant's appointed trial court counsel filed notices of appeal from the trial court's March 21, 2022 judgment in each of his underlying causes. However, appointed trial counsel's notices of appeal also included motions to withdraw. The trial court allowed trial counsel to withdraw, found that appellant is indigent for the purpose of employing counsel and paying for the clerk's and reporter's records, and granted appellant's motions to appoint appellate counsel. However, the trial court did not appoint counsel to represent appellant on appeal. Our records indicate that no attorney has appeared in this Court on appellant's behalf in either appeal.
Based on the trial court's finding that appellant is indigent for the purpose of employing counsel, appellant is entitled to court-appointed counsel on appeal. See TEX. CODE CRIM. PROC. ANN. art. 1.051(d)(1), 26.04(p). Accordingly, we abate these appeals, remand the cases to the trial court, and direct the trial court to appoint counsel, at no expense to appellant, to represent appellant on appeal. See id. art. 1.051(a), (c), (d)(1); 26.04(a), (b)(1), (c), (p). To the extent appellant does not wish to prosecute his appeal, appointed appellate counsel may file a motion to dismiss in compliance with Texas Rule of Appellate Procedure 42.2(a) in each appellate case number.
The trial court clerk is directed to file a supplemental clerk's record containing any orders entered by the trial court in connection with this order. The supplemental clerk's record is due to be filed with this Court within thirty days of the date of this order.
These appeals are abated, treated as closed cases, and removed from this Court's active docket. The appeals will be reinstated on this Court's active docket when the supplemental clerk's record is filed in this Court.
It is so ORDERED.