Benny Torres Medrano v. State

NUMBER 13-14-00335-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG BENNY TORRES MEDRANO, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 92nd District Court of Hidalgo County, Texas. ORDER OF ABATEMENT Before Chief Justice Valdez and Justices Perkes and Longoria Order Per Curiam Counsel for appellant, A. Ricardo Flores, filed a motion to withdraw as appointed counsel in this cause which was granted by the trial court on June 25, 2014. Because the record fails to indicate whether appellant is entitled to appointed counsel on appeal, we ABATE and REMAND this cause as follows. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal; and (2) whether appellant is indigent and entitled to court-appointed counsel, and if so, whether appellant waives his right to court- appointed counsel and elects to proceed pro se. If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint new counsel to represent appellant in this appeal. If new counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel. If the trial court determines that appellant waives his right to counsel and elects to proceed pro se, the court shall enter an order to that effect. The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall 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 PER CURIAM Do not publish.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 29th day of July, 2014. 2