Opinion
04-23-00467-CR
06-29-2023
Martiriano Estrada GARCIA, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas Trial Court No. CRW2009249 Honorable Jennifer Dillingham, Judge Presiding
ORDER
REBECA C. MARTINEZ, CHIEF JUSTICE.
Attorney Phil Baker was appointed to represent Albert Farias Jr. on appeal. On June 23, 2023, Attorney Baker moved to withdraw.
Counsel's motion meets the requirements for a motion to withdraw. See TEX. R. APP. P. 6.5(b), (d); Edwards v. State, No. 02-16-00370-CR, 2017 WL 4819377, at *2 (Tex. App.-Fort Worth Oct. 26, 2017, no pet.) (mem. op., not designated for publication); Rivera v. State, 130 S.W.3d 454, 458 (Tex. App.-Corpus Christi 2004, no pet.).
Counsel's motion is held in abeyance. We abate this appeal and remand the cause to the trial court to confirm that Appellant is indigent and wishes to proceed with this appeal, and if so, for the trial court to appoint replacement appellate counsel. See TEX. CODE CRIM. PROC. ANN. art. 1.051(d) ("An eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in . . . an appeal to a court of appeals ....").
We order the trial court to report its findings and actions regarding court-appointed appellate counsel to this court by July 31, 2023. Those responsible for filing the appellate record are reminded that it remains due by August 24, 2023.