Gilbert C. Garza AKA Gilbert Lara Garza v. State ( 2018 )

NUMBERS 13-17-00677-CR, 13-17-00678-CR,
AND 13-17-00679-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GILBERT C. GARZA AKA
GILBERT LARA GARZA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Jackson County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Longoria, and Hinojosa
Order Per Curiam
Appellant’s appointed counsel, Chris Iles, has filed a motion to suspend briefing
deadline, to withdraw, and for appointment of new counsel. According to the motion,
appellant has filed a writ of habeas corpus alleging ineffective assistance of counsel at
trial and pursuant to ethical rules, counsel is unable to continue to represent appellant in
these causes.
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.--Houston [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, we GRANT appellant’s motion to suspend briefing deadlines,
ABATE the appeals, and REMAND these causes to the trial court for further proceedings
consistent with this order.
Upon remand, the trial court shall determine whether appellant’s court-appointed
attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to
new appointed counsel. If the trial court determines that there is no reason to discharge
appellant’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, email address, telephone number, 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Do not publish.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(b).
Delivered and filed the
7th day of March, 2018.
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