Opinion
08-24-00124-CR
06-14-2024
SHAWN TYLER, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 109th District Court of Andrews County, Texas (TC# 8301)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Tex.R.App.P. 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
Pending before the Court is a motion filed by Chase Dietrich to withdraw as counsel of record. The motion states that Mr. Dietrich is the attorney of record for Appellant Shawn Tyler and asks this Court to grant him permission to withdraw. Although counsel further recognizes that Appellant has filed a pro-se notice of appeal, the motion avers that Appellant is indigent and desires an appellate attorney appointed by this Court. Attached to counsel's motion is a copy of an order issued by the 109th Judicial District Court of Andrews County, Texas, dated May 9, 2024, which grants counsel's motion to withdraw as filed in the trial court.
This Court does not have the authority to appoint counsel. Thus, the Court passes its consideration of the pending motion to withdraw.
The Court further ORDERS this appeal abated, and we remand this matter to the trial court to conduct a hearing to determine whether Appellant has retained new counsel or is entitled to court-appointed counsel for purposes of this appeal. The trial court shall forward its order and/or findings to the District Clerk of Andrews County, Texas, on or before July 5, 2024. The District Clerk shall prepare and forward a supplemental clerk's record containing the appointment and forward the same to this Court on or before July 15, 2024.
IT IS SO ORDERED.