Logan Trey Field v. State

Fourth Court of Appeals San Antonio, Texas December 14, 2017 No. 04-17-00400-CR, 04-17-00401-CR, 04-17-00402-CR & 04-17-00403-CR Logan Trey FIELD, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 5810, 5811, 5812 & 5813 Honorable N. Keith Williams, Judge Presiding ORDER Appellant’s appointed counsel has filed a motion to withdraw as appellate counsel. The motion is GRANTED. See TEX. R. APP. P. 6.5. The trial court must determine whether appellant is indigent, and if so, appellate counsel must be appointed. It is therefore ORDERED that this appeal is ABATED to the trial court. 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). The trial court is ORDERED to determine whether appellant is indigent. If appellant is indigent, the trial court is ORDERED to appoint new appellate counsel. The trial court is FURTHER ORDERED to cause the trial court clerk to file a supplemental clerk’s record containing documentation that either (a) appellant is not indigent or (b) the appointment of appellate counsel within 30 days from the date this order is signed. After the supplemental clerk’s record is filed, the appeal will be reinstated on the docket of this court. All appellate deadlines are suspended pending further order of this Court. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2017. ___________________________________ Keith E. Hottle Clerk of Court