Oscar Reyes Luna, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 13, 2023
• Docket: 07-23-00140-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00139-CR No. 07-23-00140-CR

OSCAR REYES LUNA, JR., APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas Trial Court Nos. 081610-D-CR & 081927-D-CR, Honorable Steven Denny, Presiding

September 13, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Oscar Reyes Luna, Jr., appeals his convictions for assault and

aggravated assault of a family or household member1 and concurrent sentences of ten

years’ and thirty-four years’ confinement. Appellant is represented by appointed counsel,

Darrell Carey. On September 5, 2023, Paul Herrmann filed a “Notice of Substitution of

1 See TEX. PENAL CODE ANN. §§ 22.01(b)(2)(A), 22.02(b)(1). Counsel,” requesting permission to substitute as Appellant’s newly retained counsel. The

notice is signed by Carey.

Because the trial court has responsibility for appointing counsel to represent

indigent defendants in criminal cases, as well as the authority to relieve or replace

appointed counsel, we abate the appeals and remand the causes to the trial court to rule

on the motion to substitute Appellant’s counsel. See TEX. CODE CRIM. PROC. ANN. arts.

1.051(d), 26.04(j)(2). Upon remand, the trial court shall determine (1) whether Appellant

still desires to prosecute the appeals; (2) whether Appellant has retained counsel to

prosecute the appeals; (3) if so, whether Appellant remains indigent and entitled to

appointed counsel; and (4) whether to dismiss appointed counsel.

The trial court shall enter such orders necessary to address the motion to

substitute and aforementioned questions. The trial court’s findings and any orders issued

shall be included in a supplemental clerk’s record to be filed with this Court by October

13, 2023.

All appellate deadlines are suspended until further order of the Court.2

It is so ordered.

Per Curiam

Do not publish.

2 Herrmann also filed a motion for an extension of time to file Appellant’s brief. It shall remain pending until reinstatement of the appeals.