Ervin Jose Osorio Miranda v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00445-CR
ERVIN JOSE OSORIO MIRANDA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 64th District Court
Castro County, Texas
Trial Court No. A4209-2205, Honorable Danah L. Zirpoli, Presiding
October 8, 2024
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Ervin Jose Osorio Miranda, appeals his conviction for continuous sexual
abuse of a young child1 and sentence to thirty years of confinement. Appellant’s appointed
counsel filed a motion to withdraw, supported by an Anders2 brief. On June 13, 2024, we
abated the appeal and remanded this cause to the trial court to address certain omissions in
1 See TEX. PENAL CODE ANN. § 21.02(b).
2 See Anders v. California, 386 U.S. 738, 744 (1967).
the appellate record and make findings of fact and conclusions of law as required by article
38.22, section 6, of the Code of Criminal Procedure. The trial court has since filed findings
of fact and conclusions of law. Before the appeal could be reinstated, Appellant’s counsel
filed a second motion to withdraw because he recently accepted employment with the
Harris County Public Defender’s Office and will be unable to maintain appointed cases in
Castro County.
The trial court is responsible for appointing counsel to represent indigent
defendants in criminal cases, as well as relieving or replacing appointed counsel.
Accordingly, we reinstate the appeal and, again, remand the cause to the trial court. 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 new 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 7, 2024.
It is so ordered.
Per Curiam
Do not publish.
2