Adolfo Garcia Jr. v. the State of Texas ( 2022 )

NUMBERS 13-22-00001-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ADOLFO GARCIA JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 36th District Court
of San Patricio County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Benavides and Longoria
Order Per Curiam
Appellant’s counsel, the honorable Coretta T. Graham, filed a motion to withdraw
as attorney for appellant. According to the motion, good cause exists for her to withdraw
because she is currently overwhelmed with work and defendant is represented by another
attorney.
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 new court-appointed counsel. If the trial court
determines an attorney other than the Honorable Coretta T. Graham represents
appellant, the trial court shall provide the name, address, email address, telephone
number, and state bar number of the counsel; alternatively, if the trial court determines
new 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 this Court on or before the expiration of thirty days from the date
of this order.
It is so ordered.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
3rd day of February, 2022.