Monica Galvan v. State ( 2014 )

NUMBER 13-14-00059-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MONICA GALVAN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 347th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
Appellant’s appointed counsel, Lisa Harris, has filed a motion requesting to
withdraw as counsel. According to her motion to withdraw, good cause exists for her to
withdraw because of a conflict of interest. Counsel states that during time she was
employed with the Nueces County District Attorney’s Office, she signed the affidavit for a
search warrant in this cause.
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 substitute counsel may be necessary, an appellate court, when faced with
a motion to withdraw, should abate the proceeding to the trial court for determination of
this issue. Accordingly, we 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’s court-appointed
attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to
new appointed counsel. If the trial court determines that there is no reason to discharge
appellant’s current appointed attorney and appoint substitute counsel, the court shall
enter an order to that effect. If the trial court determines that new counsel should be
appointed, the name, address, telephone number, and state bar number of newly
appointed counsel shall be included in the order appointing counsel. The trial court shall
further cause its 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Do not publish.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
15th day of December, 2014.
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