Arthur Cann v. State

• Court: Court of Appeals of Texas
• Decided: February 10, 2014
• Docket: 13-13-00151-CR
• Status: Published

Opinion

NUMBER 13-13-00151-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ARTHUR CANN, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 148th District Court of Nueces County, Texas.

ORDER Before Chief Justice Valdez and Justices Benavides and Longoria Order Per Curiam

The Honorable Stan Turpen, counsel for appellant, Arthur Cann, has filed a motion

to withdraw as counsel in this cause and extend time to file appellant’s brief. According

to the motion to withdraw, counsel was appointed to represent appellant and there is not

a workable attorney client relationship. Counsel requests permission to withdraw and that another attorney be appointed for purposes of appeal. We GRANT the motion for

extension of time to file the brief and 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; and (3) whether appellant is indigent and entitled to

court-appointed counsel.

If the trial court determines that appellant does want to continue the 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, 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Do not publish.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).

Delivered and filed the 10th day of February, 2013.