Opinion
13-23-00408-CR
07-18-2024
SKI JAMES RODRIGUEZ, 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Do not publish.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 Benavides, Longoria, and Silva, Justices.
ORDER OF ABATEMENT
PER CURIAM
This cause is before the court on appellant's motion for appointment of appellate counsel. Appellant's counsel, the Honorable Sandra Eastwood has represented appellant during the trial through the appeal and has filed appellant's brief. Appellant now expressed concern regarding a potential conflict of interest.
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. Accordingly, we carry the motion to withdraw as counsel, 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 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-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 the court on or before the expiration of thirty days from the date of this order.