Eric Nathaniel Reel v. State

• Court: Court of Appeals of Texas
• Decided: November 1, 2019
• Docket: 04-19-00732-CR
• Status: Published

Opinion

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

No. 04-19-00732-CR

Eric Nathaniel REEL, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR11077 Honorable Ray Olivarri, Judge Presiding

ORDER On October 27, 2019, appellant’s appointed trial counsel, Lynette Boggs-Perez, filed a motion in this court requesting to withdraw as appellate counsel. After consideration, we GRANT counsel’s motion. See TEX. R. APP. P. 6.5. Because appellant is indigent, new appellate counsel must be appointed.

Accordingly, we ORDER this appeal ABATED and REMANDED to the trial court for appointment of new appellate counsel by November 18, 2019. 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). We further ORDER the trial court clerk to file a supplemental clerk’s record containing the trial court’s order appointing new appellate counsel in this court by December 2, 2019.

_________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of November, 2019.

___________________________________ LUZ ESTRADA, Chief Deputy Clerk