Alec Nava v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00266-CR
ALEC NAVA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2017-2080-C2
ABATEMENT ORDER
On January 3, 2019, Alex Nava’s retained counsel filed a brief pursuant to Anders
v. California and a motion to withdraw stating that after “a professional evaluation of the
record in this case and a thorough review of applicable law, [counsel] has reached the
conclusion that there are no arguable grounds to be advanced to support an appeal and
the appeal is frivolous under the standards applied in Anders v. California, 386 U.S. 738,
87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).” On June 5, 2019, this Court entered an Order
allowing Nava’s retained counsel to withdraw. The Order required Nava within 30 days
from the date of the Order to 1) retain new counsel, 2) take other action showing his desire
to pursue his appeal, including but not limited to requesting the appointment of another
attorney if he cannot afford one, or 3) notify this Court that he no longer desires to pursue
his appeal.
On June 12, 2019, Nava notified this Court that he wants to continue his appeal
and that he would like appointed counsel. We abate this appeal to the trial court to hold
a hearing within 30 days of the date of this Order to determine whether Nava is entitled
to receive a court-appointed attorney, and if so, to appoint new counsel on appeal. The
supplemental clerk’s and reporter’s records, if any, are ordered to be filed within 45 days
of the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Appeal abated
Order issued and filed July 9, 2019
Do not publish
[RWR]
Nava v. State Page 2