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Do not publish.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.