William Banda v. State ( 2018 )

NUMBER 13-17-00528-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
WILLIAM BANDA Appellant,
v.
STATE OF TEXAS Appellee.
On appeal from the 430th 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 employment with the Office of the Governor of Texas.
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, counsel’s motion to withdraw is CARRIED WITH THE CASE. We grant
counsel’s motion to abate, 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, 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Do not publish.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(b).
Delivered and filed the
13th day of September, 2018.
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