Opinion
No. 04-15-00765-CR
02-09-2016
Leonardo MARTINEZ, Appellant v. The STATE of Texas, Appellee
From the 229th Judicial District Court, Duval County, Texas
Trial Court No. 15-CRD-43
Honorable Ana Lisa Garza, Judge Presiding
ORDER
Appellant's appointed appellate counsel has filed a motion for extension of time stating he remains hospitalized for a heart condition and intends to file a motion to withdraw. Appellate counsel's request to withdraw is GRANTED. Since appellant is indigent, new appellate counsel must be appointed. It is therefore ORDERED that this appeal is ABATED to the trial court. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may abate appeals so that trial court can assure appellant has effective assistance of counsel). The trial court is ORDERED to appoint new appellate counsel and to cause the trial court clerk to file a supplemental clerk's record containing documentation of such appointment within two weeks from the date this order is signed. After the supplemental clerk's record is filed, the appeal will be reinstated on the docket of this court. All filing deadlines are suspended pending the reinstatement of this appeal.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court