Edward Lee Jaycox v. State ( 2014 )

NUMBER 13-13-00214-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
EDWARD LEE JAYCOX, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Calhoun County, Texas.
ORDER OF ABATEMENT
Appellant’s counsel, David Alan Disher, has filed a motion requesting to withdraw
as counsel. According to his motion to withdraw, a conflict of interest has occurred
between him and his client and he has no recourse but to file a motion to withdraw.
Both parties have filed briefs in this matter.
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 ten days from the date of this
order.
It is so ordered.
__________________________
PER CURIAM
Do Not Publish. TEX. R. APP. P. 47.2.
Delivered and filed the
19th day of June, 2014.
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