Alejandro Leal Pena v. State

Opinion

The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas April 2, 2014

No. 04-14-00177-CR

Alejandro Leal PENA, Appellant

v.

The STATE of Texas, Appellee

From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 12-090168-CRA Honorable Donna S. Rayes, Judge Presiding

ORDER On March 27, 2014, appellant’s court-appointed attorney filed a motion to withdraw as appellate counsel. The motion is GRANTED. Since appellant is indigent, new 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 appoint new appellate counsel and to cause the trial court clerk to file a supplemental clerk’s record containing documentation of such appointment within fifteen days from the date this order is signed.

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of April, 2014.

___________________________________ Keith E. Hottle Clerk of Court