Opinion
13-24-00547-CR
12-13-2024
MICHAEL ANTHONY MAYES, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On Appeal from the 24th District Court of Calhoun County, Texas
Before Justices Tijerina, Silva, and Peña
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on its own motion. On November 5, 2024, we ordered appellant's counsel, Keith Weiser, to review the record and determine whether appellant has the right to appeal. The Texas Court of Criminal Appeals has held that a trial counsel's duties do not end upon sentencing, but rather, include advising a client concerning the right to appeal and "taking other steps to pursue an appeal." See Jones v. State, 98 S.W.3d 700, 703 (Tex. Crim. App. 2003). On November 7, 2024, counsel filed a motion to withdraw stating that he "believes [appellant] should prosecute his pro se appeal himself." On November 8, 2024, the trial court granted counsel's motion to withdraw and it is unclear whether new counsel has been appointed.
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). In those circumstances where the appointment of counsel may be necessary, an appellate court should abate the proceeding to the trial court for determination of this issue. Accordingly, we now abate this matter and remand the case to the trial court for further proceedings consistent with this order and to ensure appellant has adequate counsel to address our previous order regarding whether appellant has the right to appeal or not.
Upon remand, the trial court shall determine whether appellant wishes to pursue this appeal. The trial court shall also determine whether appellant is entitled to court-appointed counsel, and if the trial court determines that counsel should be appointed, the name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order appointing counsel. If the trial court determines appellant has abandoned this appeal and/or is not entitled to court-appointed counsel, it shall issue such findings. The trial court shall further cause its findings and/or order to be included in a supplemental clerk's record to be filed with the clerk of the court on or before the expiration of thirty days from the date of this order.