Opinion
05-23-00089-CR
01-24-2024
ESTABAN GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-83445-2016.
Before Partida-Kipness, Pedersen, III, and Garcia, Justices.
ORDER
ROBBIE PARTIDA-KIPNESS, JUSTICE.
Before the Court is attorney Jennifer Castleman's motion to withdraw as court appointed counsel for appellant Estaban Garcia. Based on the Court's opinion of this date, we GRANT the motion and DIRECT the Clerk to remove Jennifer Castleman as counsel for appellant.
We REMAND to the trial court and ORDER the trial court to appoint new counsel to represent appellant in this appeal. We FURTHER ORDER the trial court to transmit a supplemental clerk's record containing the order appointing new counsel to this Court within FIFTEEN DAYS of the date of this order. Once appointed, appellate counsel shall investigate the record and file a brief within THIRTY DAYS of the date of their appointment.
We DIRECT the Clerk of this Court to send copies of this order to the following:
• The Honorable Tom Nowak, Presiding Judge, 366th Judicial District Court of Collin County, 2100 Bloomdale Road, McKinney, Texas 75071;
• Lisa Smith Braxton, Chief of the Appellate Division, Collin County District Attorney's Office, 2100 Bloomdale Road, Suite 100, McKinney, Texas 75071;
• Appellant Estaban Garcia, SO #62657, Collin County Jail, 4300 Community Blvd., McKinney, Texas 75071; and
• Jennifer Castleman, Fitts &Castleman, P.C., 1333 W. McDermott, Suite 200, Allen, Texas 75013.
We FURTHER DIRECT the Clerk of this Court to remove this case from the submission docket.
We ABATE this appeal to allow the trial court to comply with this Order. The appeal shall be reinstated when the order appointing new counsel is received or the Court deems it appropriate to do so.