Anna Garza v. State

Opinion

Fourth Court of Appeals San Antonio, Texas May 1, 2019

No. 04-18-00513-CR

Anna GARZA, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR10615 Honorable Ron Rangel, Judge Presiding

ORDER Attorney C. Wayne Huff was appointed to represent appellant on appeal. Mr. Huff filed appellant’s brief on January 25, 2019; the State’s brief was filed March 1, 2019. Neither appellant nor the State requested argument. The appeal is set for on-brief submission on May 14, 2019.

On April 22, 2019, Mr. Huff’s wife filed a letter stating Mr. Huff, who was a solo practitioner, passed away.

Based on the notification of Mr. Huff’s death, we ORDER the appeal ABATED and REMANDED to the trial court for appointment of new counsel. We ORDER the trial court to prepare an order appointing new counsel on or before May 13, 2019. As noted above, briefing is complete, so this order does not affect the submission date. Appellant’s new appointed attorney should take steps to advise appellant of his or her substitution in this matter and provide counsel to appellant as necessary for the remainder of the appeal. We further ORDER the district clerk to prepare and file in this court on or before May 23, 2019, a supplemental clerk’s record containing the trial court’s order appointing new counsel.

We order the clerk of this court to serve a copy of this order on the trial court, the district clerk, counsel for the State, and appellant.

Entered this 1st day of May, 2019. PER CURIAM

Attested to: _____________________________ Keith E. Hottle, Clerk of Court