Santiago Rodriguez Jr. v. the State of Texas ( 2022 )

Fourth Court of Appeals San Antonio, Texas May 27, 2022 No. 04-22-00053-CR Santiago RODRIGUEZ Jr., Appellant v. The STATE of Texas, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-0863-CR-C Honorable Daniel H. Mills, Judge Presiding ORDER On May 26, 2022, Appellant Santiago Rodriguez’s court-appointed appellate counsel moved this court to abate this appeal for the trial court to appoint different appellate counsel. Current counsel states that her new role as Municipal Judge for the City of Fair Oaks Ranch, Texas, and her other responsibilities had made it impossible for her to continue as appellate counsel in this appeal. See TEX. R. APP. P. 6.5. Counsel’s motion is granted. We abate this appeal and remand the cause to the trial court to confirm that Appellant is indigent and wishes to proceed with this appeal, and if so, for the trial court to appoint replacement appellate counsel. See TEX. CODE CRIM. PROC. ANN. art. 1.051(d) (“An eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in . . . an appeal to a court of appeals . . . .”). We order the trial court to report its findings and actions regarding court-appointed appellate counsel to this court within thirty days of the date of this order. All other appellate deadlines are suspended pending further order of this court. _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of May, 2022. ___________________________________ Michael A. Cruz, Clerk of Court