The State of TexasAppellee/s
Fourth Court of Appeals
San Antonio, Texas
July 16, 2015
No. 04-14-00338-CR
Benny Cavazos VALVERDE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR3980
Honorable Melisa Skinner, Judge Presiding
ORDER
The Bexar County District Attorney’s Office has filed a motion to abate this appeal and
remand the cause to the trial court for the appointment of an attorney pro tem on the grounds that
the current District Attorney, Mr. Nicholas “Nico” LaHood, “once represent[ed] appellant in this
case.”
We REMAND the cause to the trial court and ORDER the trial court to conduct a hearing
to:
(1) determine whether the Bexar County District Attorney’s Office is disqualified
from prosecuting this appeal;
(2) if the Bexar County District Attorney’s Office is disqualified from prosecuting
this appeal, appoint a competent attorney to perform the duties of the Bexar
County District Attorney’s office in this appeal for a period to last until this
court’s mandate issues; see TEX. CODE CRIM P. 2.07(a) (West 2005); and
(3) cause the trial court clerk to file a supplemental clerk’s record containing the
court’s findings and, if necessary, documentation of such appointment no later
than August 4, 2015.
All appellate deadlines are suspended pending further order of this court.
_________________________________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 16th day of July, 2015.
___________________________________
Keith E. Hottle
Clerk of Court