Gregory Lewis A/K/A Gregory Allan Lewis v. State ( 2015 )

NUMBER 13-15-00080-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GREGORY LEWIS A/K/A GREGORY ALLAN LEWIS, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On Appeal from the 404th District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
Appellant’s counsel, Douglas H. Pettit, has filed a motion requesting to withdraw
as appointed counsel. According to his motion to withdraw, good cause exists for him to
withdraw because he has accepted employment with the Cameron County District
Attorney’s Office.
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 the 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, email address, 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. The motion to withdraw
will be carried with the case pending receipt and review of the supplemental clerk’s record.
IT IS SO ORDERED.
Per Curiam
Do Not Publish.
TEX. R. APP. P. 43.7.
Order delivered and filed this
the 8th day of July, 2015.
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