Robert Argarther Hoard v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00233-CR
ROBERT ARGARTHER HOARD, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Carson County, Texas
Trial Court No. 6387, Honorable Dale A. Rabe Jr., Presiding
October 28, 2024
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Robert Argarther Hoard, appeals from the trial court’s judgment
adjudicating him guilty of possession of a controlled substance1 and sentencing him to
fifty years of confinement. Appellant’s appointed counsel now moves to withdraw from
the appeal. According to the motion, Appellant “wishes to raise points on appeal which
1 See TEX. HEALTH & SAFETY CODE ANN. § 481.116.
appellate counsel cannot ethically raise” and “has asked appellate counsel to withdraw,
and an attorney outside the [Panhandle Area Public Defender’s Office] to be appointed.”
Because the trial court is responsible for appointing counsel to represent indigent
defendants in criminal cases, as well as relieving or replacing appointed counsel, we
abate the appeal and remand the cause to the trial court to rule on Appellant’s motion to
withdraw. See TEX. CODE CRIM. PROC. ANN. arts. 1.051(d), 26.04(j)(2). Upon remand, the
trial court shall determine (1) whether Appellant still desires to prosecute the appeal; (2)
whether to grant Appellant’s counsel’s motion to withdraw; and (3) if the motion to
withdraw is granted, whether Appellant is indigent and entitled to appointment of new
counsel.
If the trial court grants the motion to withdraw and appoints Appellant new counsel;
the name, address, email address, phone number, and State Bar number of any newly
appointed counsel shall be included in the court’s findings. The trial court may also enter
such orders necessary to address the aforementioned questions. The trial court’s
findings and any orders issued shall be included in a supplemental clerk’s record to be
filed with this Court by November 27, 2024.
All appellate deadlines, including Appellant’s pending briefing deadline, are
suspended until further order of this Court.
It is so ordered.
Per Curiam
Do not publish.
2