Opinion
No. 04-15-00662-CR
01-28-2016
Alberto Aguirre RENDON, Appellant v. The STATE of Texas, Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. CR13-1227
Honorable Susan Harris, Judge Presiding
ORDER
Attorney M. Patrick Maguire was appointed to represent Alberto Aguirre Rendon on appeal, but after the trial court determined the defendant was not indigent, on November 3, 2015, the trial court discharged appointed counsel. To protect Appellant's rights, on December 7, 2015, counsel filed a motion to abate the appeal for Appellant to have time "to retain counsel and pay for preparation of the reporter's record." To date, no notice of appearance has been filed for any retained counsel and the reporter's record has not been filed.
On January 28, 2016, M. Patrick Maguire filed a motion to withdraw and an amended motion to withdraw as appellate counsel. See TEX. R. APP. P. 6.5; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4, cmt. (amendment replaces original). The motion (1) lists the date for the current deadline in the case, (2) states Appellant's last known address and telephone number, (3) certifies that the motion was mailed to Appellant by certified and first-class mail as required, and (4) contains a statement that Appellant was notified in writing of the right to object to the motion to withdraw. See id. 6.5(a), (b); Rivera v. State, 130 S.W.3d 454, 458 (Tex. App.—Corpus Christi 2004, no pet.).
To fulfill his remaining obligation to Appellant and this court, counsel included in his motion notice that Appellant's brief is due on February 22, 2016. See TEX. R. APP. P. 6.5(c) ("[T]he withdrawing attorney must immediately notify [Appellant], in writing, of any deadlines or settings that the attorney knows about at the time of withdrawal but that were not previously disclosed to [Appellant]. The withdrawing attorney must file a copy of that notice with the court clerk.").
Counsel's amended motion to withdraw is GRANTED.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court