Opinion
13-24-00348-CR
11-12-2024
SANDRA VASQUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 105TH DISTRICT COURT OF NUECES COUNTY, TEXAS
Before Contreras Chief Justice and Benavides and Silva, Justices.
SECOND SUPPLEMENTAL ORDER OF ABATEMENT
PER CURIAM
This matter is before the Court on appellant's motion for new counsel. On July 5, 2024, appellant filed a pro se notice of appeal. On July 8, 2024, the Texas Court of Criminal Appeals granted appellant an out of time appeal. On July 11, 2024, the trial court appointed the Honorable Gene Garcia to represent appellant on this appeal. It is unclear whether counsel accepted the appointment. Appellant has raised an ineffective assistance of counsel complaint related to his current counsel.
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 will carry the motion, continue the abatement of the appeal, and direct the trial court to conduct further proceedings consistent with this order and in conjunction with the two previous abatement orders.
Upon remand, the trial court shall also determine whether appellant is entitled to new 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-appointed 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.