Opinion
13-24-00381-CR
09-06-2024
JAMES MICHAEL REAGAN, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
ON APPEAL FROM THE 36TH DISTRICT COURT OF ARANSAS COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. Appellant's counsel, the Honorable Geordie Schimmel represented appellant during the plea. Upon review of the trial court's certificate, it appears appellant waived his right to appeal. Accordingly, on August 1, 2024, we ordered appellant's counsel to review the record, determine whether appellant has the right to appeal, and to submit a letter of his findings as to whether appellant has a right to appeal.
On August 28, 2024, appellant's counsel indicated that appellant had waived his right to appeal and entered a plea bargain. However, appellant's counsel indicates he filed a motion to withdraw and was not hired for purposes of an 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, 702-703 (Tex. Crim. App. 2003).
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. rat'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 cause 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.
Upon remand, the trial court shall determine whether appellant is still represented by trial counsel, and whether appellant is entitled to court-appointed counsel. 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.