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Pena v. State

Fourth Court of Appeals San Antonio, Texas
Apr 2, 2014
No. 04-14-00177-CR (Tex. App. Apr. 2, 2014)

Opinion

No. 04-14-00177-CR

04-02-2014

Alejandro Leal PENA, Appellant v. The STATE of Texas, Appellee


From the 218th Judicial District Court, Atascosa County, Texas

Trial Court No. 12-090168-CRA

Honorable Donna S. Rayes, Judge Presiding


ORDER

On March 27, 2014, appellant's court-appointed attorney filed a motion to withdraw as appellate counsel. The motion 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 fifteen days from the date this order is signed.

__________

Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of April, 2014.

__________

Keith E. Hottle

Clerk of Court


Summaries of

Pena v. State

Fourth Court of Appeals San Antonio, Texas
Apr 2, 2014
No. 04-14-00177-CR (Tex. App. Apr. 2, 2014)
Case details for

Pena v. State

Case Details

Full title:Alejandro Leal PENA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 2, 2014

Citations

No. 04-14-00177-CR (Tex. App. Apr. 2, 2014)