Iginio Feliciano Guzman A/K/A Iginio Guzman v. State ( 2015 )

NUMBER 13-15-00213-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IGINIO FELICIANO GUZMAN, 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Do Not Publish.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.
Delivered and filed the
9th day of July, 2015.
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