Hector Javier Rodriguez Alvarado v. State ( 2018 )

NUMBER 13-18-00444-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI C EDINBURG
HECTOR JAVIER RODRIGUEZ ALVARADO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 275th District Court
of Hidalgo County, Texas
ORDER
Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam
Appellant’s counsel, Allegra Hill, has filed a motion requesting to withdraw as
counsel. According to her motion to withdraw, good cause exists for her to withdraw
because she has accepted a position with the Office of the Governor and will no longer
be practicing appellate law or available to represent private parties. Counsel requests
this Court abate the appeal.
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 counsel’s motion to 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 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Do Not Publish.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.
Delivered and filed this the
19th day of September, 2018.
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