Opinion
13-23-00096-CR
04-13-2023
FRANCISCO J. SOLIS, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 138th District Court of Cameron County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the court on appellant's pro se motions for appointment of counsel and for extension of time to file response to a notice regarding a defective notice of appeal. On March 6, 2023, the Clerk of the Court notified appellant that it appeared there is no final appealable order.
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 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.
Furthermore, we grant appellant's request for an extension of time to file response to a notice regarding a defective notice of appeal. Appellant shall cure the defect within thirty days from the date this matter is reinstated, if it can be done. If the defect is not corrected within thirty days from the reinstatement, the appeal will be dismissed for want of prosecution. See Tex. R. App. P. 37.1.