Jose Homero Cepeda v. the State of Texas ( 2021 )

NUMBER 13-21-00207-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JOSE HOMERO CEPEDA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 445th District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Benavides and Silva
Order Per Curiam
This cause is before the Court on appellant’s motion for appointment of counsel.
On July 1, 2021, pro se appellant filed a notice of appeal which contained a request for a
court-appointed appellate attorney.
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 counsel may be necessary, an appellate
court should abate the proceeding to the trial court for determination of this issue.
Accordingly, we carry the motion, 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 is entitled to court-
appointed counsel. If the trial court determines that new counsel should be appointed, the
name, address, email address, telephone number, and state bar number of newly
appointed counsel shall be included in the order appointing counsel. If the trial court
determines appellant has abandoned this appeal and/or is not entitled to court-
appointment counsel, it shall issue such findings. The trial court shall further cause its
findings and/or order to be included in a supplemental clerk's record to be filed with the
Clerk of the Court on or before the expiration of thirty days from the date of this order.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
16th day of July, 2021.
2