Opinion
No. 04-17-00400-CR No. 04-17-00401-CR No. 04-17-00402-CR No. 04-17-00403-CR
12-14-2017
Logan Trey FIELD, Appellant v. The STATE of Texas, Appellee
COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER SANDEE BRYAN MARION CHIEF JUSTICE
KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS JUSTICES Nancy B. Barohn
405 South Presa Street
San Antonio, TX 78205
* DELIVERED VIA E-MAIL * Lucy Wilke
District Attorney - 216th Judicial
District
200 Earl Garrett Street, Suite 202
Kerrville, TX 78028
* DELIVERED VIA E-MAIL *
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
/s/_________
Jamie Osio
Deputy Clerk, Ext. 53262 cc: Jan Davis (DELIVERED VIA E-MAIL)
Angel Tomasino (DELIVERED VIA E-MAIL)
Honorable N. Keith Williams (DELIVERED VIA E-MAIL)
Dandy Middleton (DELIVERED VIA E-MAIL) From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 5810, 5811, 5812 & 5813
Honorable N. Keith Williams, Judge Presiding
ORDER
Appellant's appointed counsel has filed a motion to withdraw as appellate counsel. The motion is GRANTED. See TEX. R. APP. P. 6.5.
The trial court must determine whether appellant is indigent, and if so, appellate counsel must be appointed. It is therefore ORDERED that this appeal is ABATED to the trial court. 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). The trial court is ORDERED to determine whether appellant is indigent. If appellant is indigent, the trial court is ORDERED to appoint new appellate counsel. The trial court is FURTHER ORDERED to cause the trial court clerk to file a supplemental clerk's record containing documentation that either (a) appellant is not indigent or (b) the appointment of appellate counsel within 30 days from the date this order is signed. After the supplemental clerk's record is filed, the appeal will be reinstated on the docket of this court. All appellate deadlines are suspended pending further order of this Court.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2017.
/s/_________
Keith E. Hottle
Clerk of Court MINUTES
Court of Appeals Fourth Court of Appeals District San Antonio, Texas
ORDER
Appellant's appointed counsel has filed a motion to withdraw as appellate counsel. The motion is GRANTED. See TEX. R. APP. P. 6.5.
The trial court must determine whether appellant is indigent, and if so, appellate counsel must be appointed. It is therefore ORDERED that this appeal is ABATED to the trial court. 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). The trial court is ORDERED to determine whether appellant is indigent. If appellant is indigent, the trial court is ORDERED to appoint new appellate counsel. The trial court is FURTHER ORDERED to cause the trial court clerk to file a supplemental clerk's record containing documentation that either (a) appellant is not indigent or (b) the appointment of appellate counsel within 30 days from the date this order is signed. After the supplemental clerk's record is filed, the appeal will be reinstated on the docket of this court. All appellate deadlines are suspended pending further order of this Court.
/s/Rebeca C. Martinez
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of December, 2017.
/s/Keith E. Hottle
Keith E. Hottle
Clerk of Court Entered this 14th day of December 2017