Opinion
04-21-00471-CR
06-02-2022
Caleb Patrick DANIELS, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Frio County, Texas Trial Court No. 18-10-00155-CRF Honorable Russell Wilson, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On May 26, 2022, Appellant Caleb Patrick Daniel's current court-appointed appellate counsel, Shane Stolarczyk, moved this court to abate this appeal in order for the trial court to appoint new appellate counsel. Counsel makes the motion because he will hold the position of County Judge-Elect for the Kendal County Commissioners Court once the election results are certified in the next few days. As a result of his forthcoming obligations along with his military service requirements, counsel is no longer able to continue as appellate counsel in this appeal. See Tex. R. App. P. 6.5.
Counsel's motion is granted and the appeal is abated. See Tex. Code Crim. Proc. art. 1.051(d) ("An eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in . . . an appeal to a court of appeals . . . .").
We order the trial court to report its findings and actions regarding court-appointed appellate counsel to this court not later than July 5, 2022. We further order the trial court clerk to file a supplemental record containing any additional filings and orders related to the appointment of new appellate counsel, if any, not later than July 5, 2022. All other appellate deadlines are suspended pending further order of this court.
We order the clerk of this court to serve copies of this order on the attorneys of record, the trial court judge, and the trial court clerk.