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State v. Holcombe

Fourth Court of Appeals San Antonio, Texas
Dec 14, 2016
No. 04-16-00546-CR (Tex. App. Dec. 14, 2016)

Opinion

No. 04-16-00546-CR

12-14-2016

The STATE of Texas, Appellant v. James Matthew HOLCOMBE, Appellee


From the County Court, Wilson County, Texas
Trial Court No. 15-02-0049-CRC
Richard L. Jackson, Judge Presiding

ORDER

Appellant's retained attorney for trial, Stephen Barrera, has filed a motion to withdraw as counsel for purposes of this appeal only. We GRANT the motion. See Tex. R. App. P. 6.5. This order has no effect on counsel's continued representation of appellant for purposes of the underlying trial. Because appellant is now without counsel on appeal, we ABATE this appeal to the trial court. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may abate appeals so that trial court can assure appellant has effective assistance of counsel). We ORDER the trial court to conduct a hearing and enter findings of fact and conclusions of law on or before January 3, 2017 with respect to the following:

• Is appellant indigent?

• If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel for purposes of this appeal.
We further ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's findings of facts and conclusions of law, and order, if any, on or before January 13, 2017. We also ORDER the court reporter to file a supplemental reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing. After the supplemental records are filed, the appeal will be reinstated on the docket of this court. All appellate deadlines are SUSPENDED pending further orders from this court.

/s/_________

Jason Pulliam, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

State v. Holcombe

Fourth Court of Appeals San Antonio, Texas
Dec 14, 2016
No. 04-16-00546-CR (Tex. App. Dec. 14, 2016)
Case details for

State v. Holcombe

Case Details

Full title:The STATE of Texas, Appellant v. James Matthew HOLCOMBE, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 14, 2016

Citations

No. 04-16-00546-CR (Tex. App. Dec. 14, 2016)