Ex Parte Cecil Adickes ( 2021 )


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  •               NUMBERS 13-21-00015-CR & 13-21-00016-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    EX PARTE CECIL ADICKES
    On appeal from the 147th District Court
    of Travis County, Texas.
    ORDER OF ABATEMENT
    Before Justices Benavides, Longoria, and Tijerina
    Order Per Curiam
    This appeal is before the Court on a pro se motion to appoint attorney.
    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 counsel may be necessary, an appellate
    court should abate the proceeding to the trial court for determination of this issue.
    Accordingly, we CARRY the motion, 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 is entitled to court-
    appointed counsel. 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. If the trial court
    determines appellant has abandoned this appeal and/or is not entitled to court-
    appointment counsel, it shall issue such findings. The trial court shall further cause its
    findings and/or 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 (30) days from the date of this order.
    PER CURIAM
    Do not publish.
    TEX. R. APP. P. 47.2(b).
    Delivered and filed on the
    25th day of February, 2021.
    2
    

Document Info

Docket Number: 13-21-00015-CR

Filed Date: 2/25/2021

Precedential Status: Precedential

Modified Date: 3/1/2021