Opinion
13-24-00350-CR
10-18-2024
ANTHONY CALDERON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
ON APPEAL FROM THE 464TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS.
Before Longoria, Tijerina, and Pena, Justices.
SUPPLEMENTAL ORDER OF ABATEMENT
PER CURIAM
On August 15, 2024, we abated this cause for matters related to the trial court's certification of defendant's right to appeal. On October 10, 2024, we received a corrected trial court's certification of defendant's right to appeal. However, we must continue the abatement for the trial court to now consider whether appellant has counsel or whether appellant requires the appointment of new counsel.
After timely perfecting this appeal, it appears the trial court granted motions to withdraw appellant's trial counsel. We have been unable to identify additional counsel representing appellant on this appeal. Appointment of new 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, we now continue abatement of this matter and remand the cause to the trial court for further proceedings consistent with this order and to ensure appellant has adequate counsel to proceed on appeal. Upon remand, the trial court shall determine whether appellant is represented by counsel and whether appellant is entitled to court-appointed counsel. If the trial court determines that 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 courtappointment counsel, it shall issue such findings. The trial court shall further cause its findings and any related orders to be included in a supplemental clerk's record to be filed with the Clerk of the Court on or before the expiration of thirty days from the date of this order.