Opinion
14-23-00771-CR
03-21-2024
JOAQUIN ADRIAN LIMA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCR-098116
Panel Consists of Justices Wise and Hassan. Justice Spain votes to deny.
ORDER
PER CURIAM
On October 18, 2023, appellant, through his appointed counsel Thomas Martin, filed a notice of appeal. At the same time appointed counsel filed his motion to withdraw. On November 03, 2023, the trial court granted the motion to withdraw and appointed Cary Faden. As of the date of this order, Thomas Martin nor Cary Faden have appeared in the appellate case. On February 12, 2023, Patrick Ngowlo filed a motion to substitute asking this court to allow Cary Faden to withdraw. We ask the trial court to reconcile Juaquin Lima's representation.
An appointed attorney shall represent the defendant until
. . . charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as counsel for the defendant after a finding of good cause is entered on the record.Tex. Code Crim. Proc. Ann. art. 26.04(j)(2).
Accordingly, we ABATE this appeal and order as follows:
1. The judge of the 400th District Court shall consider Ngwolo's request to substitute and shall determine whether appellant wishes to be represented by Ngwolo as counsel or whether appellant wishes and is entitled to appointed counsel.
2. The judge shall see that a record of any hearing is made. The court reporter is directed to prepare, certify, and file with the clerk of this court a reporter's record of the hearing. The trial clerk is directed to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing any orders regarding Ngwolo's request to substitute. The reporter's record and supplemental clerk's record shall be filed with this court by April 22, 2024.
3. We will hold Ngwolo's motion to substitute pending receipt of the requested records.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket after the requested records are filed in this court.