Thomas Peter Cortez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 13, 2022
• Docket: 04-21-00588-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas April 13, 2022

No. 04-21-00588-CR

Thomas Peter CORTEZ, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR9005 Honorable Melisa C. Skinner, Judge Presiding

ORDER Appellant’s brief was due on April 8, 2022 and was not filed. On April 12, 2022, appellant’s appointed counsel, Richard E. Langlois, filed a motion in this court requesting 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 April 28, 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 assure 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 May 13, 2022.

_________________________________ Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of April, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court