In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00151-CR
ROBERT LARRY SHELTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 432nd District Court
Tarrant County, Texas
Trial Court No. 1366763D, Honorable Ruben Gonzalez, Jr., Presiding
September 20, 2016
ORDER OF ABATEMENT AND REMAND
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant Robert Larry Shelton appeals his conviction for felony driving while
intoxicated. His brief was due on September 19, 2016. Appellant’s retained counsel
has filed a motion to withdraw from the representation pursuant to appellate rule 6.5.
TEX. R. APP. P. 6.5. In the motion counsel states that appellant “is indigent and may
require a court appointed attorney to represent [him] in this appeal.” Counsel’s motion
to withdraw is granted and he is relieved as appellant’s appellate attorney of record.
Because appellant may be indigent and entitled to appointed counsel on appeal,
TEX. CODE CRIM. PROC. ANN. art 1.051(d)(1) (West Supp. 2016), we abate the appeal
and remand the cause to the trial court for further proceedings.
On remand, the trial court shall use whatever means it finds necessary, which
may include noticing and conducting a hearing, to determine (1) whether appellant
desires to prosecute this appeal and (2) whether appellant is indigent and entitled to
appointed counsel.
Should the trial court determine that appellant does want to continue the appeal
and is entitled to appointed counsel, the name, address, telephone number, email
address, and state bar number of appointed counsel shall be provided to the clerk of
this court in an order of the trial court. The trial court shall execute findings of fact and
conclusions of law, and shall cause its findings, conclusions, and any necessary orders
to be included in a supplemental clerk’s record to be filed with the clerk of this court by
October 21, 2016. If appointed, new counsel shall file appellant’s brief within thirty days
of the date of appointment.
It is so ordered.
Per Curiam
Do not publish.
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