State v. Jose Ruiz ( 2017 )

NUMBER 13-13-00507-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
THE STATE OF TEXAS, Appellant,
v.
JOSE RUIZ, Appellee.
On appeal from the 25th District Court
of Gonzales County, Texas
ORDER
Before Chief Justice Valdez, and Justices Benavides, and Hinojosa
Order Per Curiam
Appellee’s counsel, Mark Symms, 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 taken a position outside of the area and no longer practices criminal law.
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.BHouston [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, counsel’s motion to withdraw is CARRIED WITH THE CASE.
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 appellee’s court-appointed
attorney should remain as appellee’s counsel; and, if not, whether appellee is entitled to
new appointed counsel. If the trial court determines that there is no reason to discharge
appellee’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, telephone number, email address, and state bar number of 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 thirty days from the date of this order.
It is so ORDERED.
PER CURIAM
Do Not Publish.
TEX. R. APP. P. 47.2.
Delivered and filed the
28th day of February, 2017.
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