NUMBER 13-19-00048-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE SALVADOR FLORES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 138th District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Longoria, and Hinojosa
Order Per Curiam
Appellant, Jose Salvador Flores, filed a pro se notice of appeal with this Court from
his conviction in trial court cause number 2018-DCR-528-B. Appellant’s appointed
counsel filed a motion to withdraw as counsel in this cause which was granted by the trial
court. New counsel has not been appointed. Because it is unclear 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; (3) whether appellant is indigent and entitled to
court-appointed counsel; and (4) if appellant is not indigent, whether appellant has
retained new counsel or waives his right to counsel and elects to proceed pro se.
If the trial court determines that appellant does want to continue this 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Do not publish.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).
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Delivered and filed this the
12th day of February, 2019.
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