NUMBER 13-15-00437-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
BENINO DELAGARZA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 377th District Court
of Victoria County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Order Per Curiam
Counsel for appellant, Benino Delagarza, has filed a motion to withdraw as counsel
in this cause. According to the motion, counsel was retained to represent appellant in
the trial court but was not retained or appointed to file a notice of appeal in this cause or
represent him on appeal. Because appellant=s trial counsel has indicated that he was
not retained for appeal and 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; (2) whether appellant has been denied
effective assistance of counsel; and (3) whether appellant is indigent and entitled to
court-appointed counsel.
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, email address, telephone number, and state bar number of said
counsel shall be included in an order appointing counsel.
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Do not publish.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
18th day of November, 2015.
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