NUMBER 13-16-00651-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ROSENDO HERNANDEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas
ORDER
Before Justices Rodriguez, Contreras, and Longoria
Order Per Curiam
Appellee, the State of Texas, by and through the District Attorney in and for Nueces
County, Texas, has filed a motion to remand for withdrawal and appointment of attorney
pro tem. According to the motion, the current elected District Attorney, Mark Gonzalez,
previously represented appellant in this case as his defense attorney. Due to the prior
representation, the District Attorney and all assistant district attorneys who derive their
authority through him are disqualified from representing the State in this matter.
The Court, having considered the documents on file and the State’s motion, is of
the opinion that the motion should be granted. Accordingly, this appeal is ABATED and
the cause REMANDED to the trial court.
Upon remand the trial court shall determine whether Nueces County District
Attorney’s Office is disqualified from prosecuting this appeal, and if the Nueces County
District Attorney’s Office is disqualified from prosecuting this appeal, appoint a competent
attorney to perform the duties of the Nueces County District Attorney’s Office in this
appeal for a period to last until this Court’s mandate issues.
The trial court shall further cause its findings and any orders 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Do Not Publish.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(b).
Delivered and filed the
24th day of February, 2017.
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