Opinion
07-22-00374-CR
01-25-2023
SERGIO HERRADA, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 460th District Court Travis County, Texas Trial Court No. D-1-DC-19-301517, Honorable Selena Alvarenga, Presiding.
Before PARKER and DOSS and YARBROUGH, JJ.
ORDER OF ABATEMENT AND REMAND
PER CURIAM
Appellant, Sergio Herrada, appeals his conviction for murder and sentence to fifty years' confinement. Now pending before this Court is the motion to withdraw of Appellant's appointed counsel, Edmund M. Davis, requesting that we allow Christopher M. Perri to substitute as counsel.
Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalizations efforts. See Tex. Gov't Code Ann. § 73.001.
Because the trial court has responsibility for appointing counsel to represent indigent defendants in criminal cases as well as the authority to relieve or replace appointed counsel, we abate the appeal and remand the cause to the trial court to rule on counsel's motion to withdraw. See Tex. Code Crim. Proc. Ann. arts. 1.051(d), 26.04(j)(2); Enriquez v. State, 999 S.W.2d 906, 907-08 (Tex. App.-Waco 1999, order). Upon remand, the trial court shall determine (1) whether Appellant still desires to prosecute the appeal; (2) whether to grant Appellant's counsel's motion to withdraw; and (3) if the motion to withdraw is granted, whether Appellant is indigent and entitled to appointment of new counsel. See Tex. Code Crim Proc. Ann. arts. 1.051(d), 26.04(j)(2).
If the trial court grants the motion to withdraw and appoints Appellant new counsel; the name, address, email address, phone number, and State Bar number of any newly appointed counsel shall be included in the court's findings. The trial court may also enter such orders necessary to address the aforementioned questions. The trial court's findings and any orders issued shall be included in a supplemental clerk's record to be filed with this Court by February 24, 2023.
It is so ordered.