NUMBER 13-17-00443-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
TYLER SCHULTZ, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On appeal from the 117th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Longoria, and Hinojosa
Order Per Curiam
Appellant’s appointed counsel, David Klein, has filed a motion requesting to
withdraw as counsel and for appointment of appellate counsel. According to his motion
to withdraw, counsel has received correspondence from appellant in which he requests
new counsel to prosecute the appeal.
Adequate reason for the discharge of counsel and appointment of new counsel
rests within the sound discretion of the trial court. Carroll v. State, 176 S.W.3d 249, 255
(Tex. App.--Houston [1st Dist.] 2004, pet. ref'd). In those circumstances where the
appointment of substitute counsel may be necessary, an appellate court, when faced with
a motion to withdraw, should abate the proceeding to the trial court for determination of
this issue. Accordingly, we ABATE the appeal and REMAND the cause to the trial court
for further proceedings consistent with this order.
Upon remand, the trial court shall determine whether appellant’s court-appointed
attorney should remain as appellant's counsel; and, if not, whether appellant is entitled to
new appointed counsel. If the trial court determines that there is no reason to discharge
appellant’s current appointed attorney and appoint substitute counsel, the court shall
enter an order to that effect. If the trial court determines that new counsel should be
appointed, the name, address, email address, telephone number, and state bar number
of newly appointed counsel shall be included in the order appointing counsel. The trial
court shall further cause its order 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Do not publish.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
28th day of December, 2017.
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