Opinion
NUMBERS 13-20-00356-CR
11-23-2020
ZAHI JAMES MORENO, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 117th District Court of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
This appeal is before the Court on its own motion. 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. The State Bar of Texas website indicates, appointed counsel, Dasan Roland, is not currently eligible to practice law in Texas. Accordingly, we ABATE the appeal and REMAND the cause to the trial court for further proceedings consistent with this order.
Upon remand, the trial court shall determine whether appellant has abandoned his appeal; if not, the trial court shall determine whether appellant is entitled to court-appointed counsel. If the trial court determines that new 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-appointment 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 this Court on or before the expiration of thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 23rd day of November, 2020.