IN THE
TENTH COURT OF APPEALS
No. 10-16-00062-CR
THE STATE OF TEXAS,
Appellant
v.
JOSE ESTRADA,
Appellee
From the County Court at Law
Walker County, Texas
Trial Court No. 15-0686
ABATEMENT ORDER
A Motion to Withdraw as Attorney, presented by counsel for defendant Jose
Estrada (appellee in this appeal), was filed with the Court on April 14, 2016. Counsel
states in the motion that he was retained by Estrada. After Estrada’s Motion to Dismiss
for Lack of Speedy Trial was granted by the trial court, counsel was permitted to
withdraw as attorney of record. The order permitting withdrawal is not contained in the
record on appeal. Further, it is unclear from this appellate record whether appellee is
now indigent.
An indigent defendant has the right to appointed counsel on appeal, and the
appointment of counsel is under the sole authority of the trial court. See Enriquez v. State,
999 S.W.2d 906, 907-08 (Tex. App.—Waco 1999, order); TEX. CODE CRIM. PROC. ANN. arts.
1.051(d)(1), 26.04(a) (West Supp. 2014); cf. Meza v. State, 206 S.W.3d 684, 688 (Tex. Crim.
App. 2006). During an appeal, the trial court retains jurisdiction to appoint counsel for
an indigent defendant. See Enriquez, 999 S.W.2d at 908; see also Meza, 206 S.W.3d at 688.
Accordingly, we abate this appeal to the trial court to hold a hearing within 14
days from the date of this Order to consider whether Estrada is indigent and whether
counsel should be appointed. Supplemental clerk’s and reporter’s records containing the
trial court’s written or oral findings and rulings are ordered to be filed within 28 days of
the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed April 21, 2016
State v. Estrada Page 2