NUMBER 13-15-00152-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI C EDINBURG
LEANDRE VONZELL HILL, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 379th District Court
of Bexar County, Texas
ORDER
Before Justices Garza, Benavides, and Longoria
Order Per Curiam
Appellant’s counsel, Richard B. Dulany, Jr., has filed a motion requesting to
withdraw as counsel.1 According to his motion to withdraw, good cause exists for him
to withdraw because he is no longer employed by the Bexar County Public Defender’s
1 This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio pursuant
to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2013 3d C.S.).
Office.
Adequate reason for the discharge of counsel and 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 substitute counsel may be necessary, an appellate court, when faced with
a motion to withdraw, should abate the proceeding to the trial court for determination of
this issue. Accordingly, we 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’s court-appointed
attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to
new appointed counsel. If the trial court determines that there is no reason to discharge
appellant’s current appointed attorney and appoint substitute counsel, the court shall enter
an order to that effect. If the trial court determines that new counsel should be appointed,
the name, address, telephone number, and state bar number of newly appointed counsel
shall be included in the order appointing counsel. The trial court shall further cause its
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 days from the date of this order.
It is so ordered.
Per Curiam
Do Not Publish.
TEX. R. APP. P. 47.2.
Delivered and filed this
the 2nd day of October, 2015.
2