Andrew Ray Flores v. State ( 2020 )

NUMBER 13-19-00336-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ANDREW RAY FLORES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Calhoun County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
Appellant’s counsel, W.A. White, has filed a motion requesting to withdraw as
counsel. According to his motion to withdraw, good cause exists for him to withdraw
because he has accepted an offer of employment as an Assistant District Attorney for
Calhoun County, Texas to begin February 3, 2020.
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, email address, telephone number, and state bar number
of the 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Do not publish.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(b).
Delivered and filed the 10th
day of January, 2020.
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