Lucio Delossantos-Narvaez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 19, 2022
• Docket: 07-22-00036-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00036-CR

LUCIO DELOSSANTOS-NARVAEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. DC-2021-CR-0752 (Counts I & II), Honorable John J. “Trey” McClendon III, Presiding

July 19, 2022 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant Lucio Delossantos-Narvaez appeals his convictions for continuous

sexual abuse of a child1 and indecency with a child.2 The appellate record has been filed

and Appellant’s brief is presently due July 21, 2022. Now pending before this Court is the

motion to withdraw of Appellant’s appointed counsel, Mike Brown. Brown requests that

1 See TEX. PENAL CODE ANN. § 21.02(b). 2 See TEX. PENAL CODE ANN. § 21.11(a)(1). we permit him to withdraw due to health issues and to direct the trial court to appoint new

counsel. We abate the appeal and remand the cause to the trial court for further

proceedings.

Upon remand, the trial court shall determine (1) whether Appellant still desires to

prosecute the appeal; (2) whether to grant Appellant’s counsel’s motion to withdraw; and

(3) whether Appellant is indigent and entitled to appointment of new counsel. See TEX.

CODE CRIM PROC. ANN. art. 1.051(d)(1), 26.04; TEX. R. APP. P. 25.2(g). If the trial court

grants the motion to withdraw and appoints Appellant new counsel, the name, address,

email address, phone number, and state bar number of any newly appointed counsel

shall be included in the Court’s findings. The trial court may also enter such orders

necessary to address the aforementioned questions. The trial court’s findings and any

orders issued shall be included in a supplemental clerk’s record filed with this Court by

August 18, 2022.

It is so ordered.

Per Curiam

Do not publish.