From Casetext: Smarter Legal Research

Vanegas v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 16, 2024
No. 13-24-00238-CR (Tex. App. Jul. 16, 2024)

Opinion

13-24-00238-CR

07-16-2024

SAUL VANEGAS, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. Tex.R.App.P. 47.2(b).

ON APPEAL FROM THE 347TH DISTRICT COURT OF NUECES COUNTY, TEXAS

Before Chief Justice Contreras and Justices Tijerina and Peña

ORDER OF ABATEMENT

PER CURIAM

This matter is before the Court on a motion to withdraw as counsel filed by appellant's counsel, Rene C. Flores. Appellant's counsel received a letter from the Clerk of the Court on May 7, 2024 and indicates he was instructed by the trial court to withdraw.

Adequate reason for the discharge of counsel and 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, 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 represented by another attorney and/or is entitled to court-appointed counsel. If the trial court determines appellant is entitled to appointment of new counsel, 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(s) to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.


Summaries of

Vanegas v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 16, 2024
No. 13-24-00238-CR (Tex. App. Jul. 16, 2024)
Case details for

Vanegas v. State

Case Details

Full title:SAUL VANEGAS, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Jul 16, 2024

Citations

No. 13-24-00238-CR (Tex. App. Jul. 16, 2024)