Opinion
No. 04-16-00380-CR
04-07-2017
Richard PRIETO, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR9942
Honorable Lorina I. Rummel, Judge Presiding
ORDER
On January 31, 2017, we granted Tony Jimenez, III's motion to withdraw as appellate counsel. See TEX. R. APP. P. 6.5. We then abated the appeal to the trial court with instructions to hold a hearing to determine whether appellant is indigent, and if so, to appoint new appellate counsel. 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). We further ordered the trial court clerk to prepare and file a supplemental clerk's record containing documentation that either (a) appellant is not indigent or (b) the appointment of counsel.
On March 28, 2017, a supplemental clerk's record was filed containing the "Notice of Appearance of Retained Counsel" filed by Tony Jimenez, III on June 15, 2016.
Because this Court has granted Mr. Jimenez's motion to withdraw, we again ORDER the trial court to hold a hearing to determine whether appellant is indigent. If appellant is indigent, the trial court is ORDERED to appoint new appellate counsel. The trial court is FURTHER ORDERED to cause the trial court clerk to file a supplemental clerk's record containing documentation that either (a) appellant is not indigent or (b) the appointment of new counsel within 20 days from the date this order is signed.
The appeal remains abated pursuant to our January 31, 2017 order. After the supplemental clerk's record is filed, the appeal will be reinstated on the docket of this court. All appellate deadlines are suspended until this reinstatement.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court