Fourth Court of Appeals
San Antonio, Texas
January 27, 2017
No. 04-16-00694-CR
Rene DE LA CERDA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR5361
Honorable Kevin M. O'Connell, Judge Presiding
ORDER
On November 7, 2016, we granted counsel’s motion to withdraw as appellate counsel and
ABATED the appeal to the trial court to determine whether appellant is indigent, and if so, to
appoint new appellate counsel. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983)
(holding that appellate courts may abate appeals so that trial court can assure appellant has
effective assistance of counsel).
On January 18, 2017, the trial court clerk filed a supplemental clerk’s record containing a
certificate of death. The certificate of death reflects that appellant died on December 8, 2016.
Accordingly, we REINSTATE the appeal on the docket of this court. Given appellant’s death,
we permanently ABATE the appeal to the trial court. TEX. R. APP. P. 7.1(a)(2).
_________________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 27th day of January, 2017.
___________________________________
Keith E. Hottle
Clerk of Court