NUMBER 13-16-00491-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
THE STATE OF TEXAS, Appellant,
v.
STELLA EVANS, Appellee.
On appeal from the 319th District Court
of Nueces County, Texas
ORDER
Before Justices Rodriguez, Contreras, and Longoria
Order Per Curiam
Appellant, 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 and new attorney for appellee. According to the motion, the current
elected District Attorney, Mark Gonzalez, and First Assistant District Attorney, Matthew
Manning, both previously represented appellee in this case as her defense attorneys.
Due to the prior representation, the District Attorney and all assistant district attorneys are
disqualified from representing the State in this matter. Both Mark Gonzalez and Matthew
Manning are unable to continue representation of appellee and request new counsel be
appointed for appellee.
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: (1) whether Nueces County District
Attorney’s Office is disqualified from prosecuting this appeal; (2) 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; (3) determine whether
apppellee’s court appointed attorney should remain as appellee’s counsel, and if not,
whether appellee is entitled to new appointed counsel; and (4) if the trial court determines
that new counsel should be appointed, the name, address, telephone number, email
address, and state bar number of newly appointed counsel shall be included in the order
appointing counsel.
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.
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It is so ordered.
PER CURIAM
Do Not Publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this
24th day of February, 2017.
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