Opinion
NUMBER 13-15-00297-CR
06-28-2016
DANIEL GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam
Counsel for appellant, Daniel Garcia, has filed a motion to abate. According to the motion, counsel was appointed and appellant has recently filed correspondence raising a complaint that counsel was a co-defendant's counsel for a period of time during this case. Appellant believes his counsel should be replaced by another lawyer who does not have a conflict of interest. Counsel requests that this appeal be abated and the matter referred to the trial court for determination as to whether the potential for conflict of interest can be waived or the trial court can be given the opportunity to appoint another attorney to represent appellant on appeal.
Adequate reason for the discharge of counsel and 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). Accordingly, 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 the potential for conflict of interest can be waived, whether appellant's court-appointed attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to new appointed counsel. If the trial court determines that there is no reason to discharge appellant's current appointed attorney and appoint substitute counsel, the court shall enter an order to that effect. If the trial court determines that new counsel should be appointed, the name, address, telephone number, email address, and state bar number of newly appointed counsel shall be included in the order appointing counsel. The trial court shall further cause its 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.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 28th day of June, 2016.