Rene De La Cerda v. State
This text of Rene De La Cerda v. State (Rene De La Cerda v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas January 27, 2017
No. 04-16-00694-CR
Rene DE LA CERDA, Appellant
v.
The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR5361 Honorable Kevin M. O'Connell, Judge Presiding
ORDER
On November 7, 2016, we granted counsel’s motion to withdraw as appellate counsel and ABATED the appeal to the trial court to determine whether appellant is indigent, and if so, to appoint new appellate counsel. 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).
On January 18, 2017, the trial court clerk filed a supplemental clerk’s record containing a certificate of death. The certificate of death reflects that appellant died on December 8, 2016. Accordingly, we REINSTATE the appeal on the docket of this court. Given appellant’s death, we permanently ABATE the appeal to the trial court. TEX. R. APP. P. 7.1(a)(2).
_________________________________ Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of January, 2017. ___________________________________ Keith E. Hottle Clerk of Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Rene De La Cerda v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rene-de-la-cerda-v-state-texapp-2017.