Jessica Yvette Garanzuay v. State ( 2015 )

The State of TexasAppellee/s
Fourth Court of Appeals
San Antonio, Texas
July 23, 2015
No. 04-15-00428-CR
Jessica Yvette GARANZUAY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 420081
Honorable Wayne A. Christian, Judge Presiding
ORDER
Appellant’s appointed trial counsel has moved to withdraw as appellate counsel, stating
that he is “unfamiliar with the appellate system” and “due to lack of knowledge is unable to
represent” appellant. We GRANT counsel’s motion. See TEX. R. APP. P. 6.5. Because appellant
is indigent, new appellate counsel must be appointed. We, therefore, ORDER this appeal
ABATED to the trial court and ORDER the trial court to appoint new counsel on or before
August 3, 2015. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that
appellate courts may abate appeals so that trial court can assure appellant has effective assistance
of counsel).
We further ORDER the trial court clerk to file a supplemental clerk’s record containing
the trial court’s order appointing new counsel on or before August 12, 2015. After the
supplemental clerk’s record is filed, the appeal will be reinstated on the docket of this court.
All appellate deadlines are SUSPENDED pending further orders from this court.
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 23rd day of July, 2015.
___________________________________
Keith E. Hottle
Clerk of Court