Sergio Herrada v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 25, 2023
• Docket: 07-22-00374-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00374-CR

SERGIO HERRADA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 460th District Court Travis County, Texas Trial Court No. D-1-DC-19-301517, Honorable Selena Alvarenga, Presiding

January 25, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Sergio Herrada, appeals his conviction for murder1 and sentence to fifty

years’ confinement.2 Now pending before this Court is the motion to withdraw of

Appellant’s appointed counsel, Edmund M. Davis, requesting that we allow Christopher

M. Perri to substitute as counsel.

1 See TEX. PENAL CODE ANN. § 19.02(c). 2 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalizations efforts. See TEX. GOV’T CODE ANN. § 73.001. 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 appeal and remand the cause to the trial court to rule

on counsel’s motion to withdraw. See TEX. CODE CRIM. PROC. ANN. arts. 1.051(d),

26.04(j)(2); Enriquez v. State, 999 S.W.2d 906, 907–08 (Tex. App.—Waco 1999, order).

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) if the motion to withdraw is granted, whether Appellant is indigent and entitled to

appointment of new counsel. See TEX. CODE CRIM PROC. ANN. arts. 1.051(d), 26.04(j)(2).

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 to be

filed with this Court by February 24, 2023.

It is so ordered.

Per Curiam