Opinion
NUMBER 13-20-00189-CR NUMBER 13-20-00190-CR
11-03-2020
SEAN RODRIGUEZ OSBORN, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 216th District Court of Kerr County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
The cause is before the Court on appellant's motion to abate for consideration of the appointment of counsel in these two pending appeals and motions to extend time to file briefs. Appointment of 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 counsel may be necessary, an appellate court should abate the proceeding to the trial court for determination of this issue. Accordingly, appellant's motion to abate is hereby GRANTED, and 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 has abandoned his appeal; if not, the trial court shall determine whether appellant is entitled to court-appointed counsel on each underlying case. 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. If the trial court determines appellant has abandoned this appeal and/or is not entitled to court-appointment counsel, it shall issue such findings. The trial court shall further cause its findings and/or 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.
Furthermore, appellant's third motion to extend time to file brief in each matter is GRANTED; appellant's briefs are now due in each case thirty days after receipt of the supplemental clerk's record.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 3rd day of November, 2020.