In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00249-CR
RUDY CORTINAS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 432nd District Court
Tarrant County, Texas
Trial Court No. 1345818D, Honorable Elizabeth Berry, Presiding
September 8, 2015
ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Rudy Cortinas appeals his conviction for possessing a controlled
substance. His court appointed attorney has filed a motion to withdraw as counsel.
Furthermore, appellant’s brief was due on August 26, 2015.
Accordingly, we abate this appeal and remand the cause to the 432nd District
Court of Tarrant County (trial court) for further proceedings. Upon remand, the trial
court shall determine the following:
1. whether appellant desires to prosecute the appeal;
2. whether appellant is indigent;
3. whether counsel’s motion to withdraw should be granted; and
4. whether new counsel should be appointed.
The trial court is also directed to enter such orders necessary to address the
aforementioned questions. So too shall it include its findings on those matters in a
supplemental record and cause that record to be filed with this court by October 8,
2015. If it is determined that appellant is indigent and new counsel should be
appointed, the name, address, and phone number of any new counsel appointed shall
be included in the aforementioned findings. Should further time be needed to perform
these tasks, then same must be requested before October 8, 2015.
It is so ordered.
Per Curiam
Do not publish.
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