Marco Antonio Contreras v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 12, 2022
• Docket: 04-22-00278-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 12, 2022

No. 04-22-00278-CR

Marco Antonio CONTRERAS, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR8169 Honorable Stephanie R. Boyd, Judge Presiding

ORDER Appellant’s brief is currently due on August 26, 2022. On August 11, 2022, appellant’s appointed counsel, Richard B. Dunlany, Jr., filed a motion in this court to withdraw as appellate counsel for medical reasons. After consideration, we GRANT counsel’s motion. 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 August 29, 2022. 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 ensure 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 September 12, 2022.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of August, 2022. ___________________________________ MICHAEL A. CRUZ, Clerk of Court