Eric Shane Harris v. State ( 2020 )

NUMBER 13-20-00031-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ERIC SHANE HARRIS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 443rd District Court
of Ellis County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Order Per Curiam
Appellant’s counsel, April E. Smith, has filed a motion requesting to withdraw as
appointed counsel. According to her motion to withdraw, good cause exists for her to
withdraw due to a medical condition.
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 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 the determination of this issue.
Accordingly, 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 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. The motion to withdraw will be CARRIED WITH THE CASE pending receipt
and review of the supplemental clerk’s record.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
7th day of April, 2020.
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