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Donald W. Cox. Sr.Donald W. Cox. Sr v. the State of Texas

April 24, 2013

DONALD W. COX. SR.DONALD W. COX. SR., APPELLANTAPPELLANT
v.
THE STATE OF TEXAS, APPELLEE



From the 216th Judicial District Court, Bandera County, Texas Trial Court No. CR-12-036 Honorable N. Keith Williams, Judge Presiding

The opinion of the court was delivered by: Rebeca C. Martinez, Justice

ORDER

Appellant's counsel has filed a motion to withdraw as attorney for appellant on appeal which complies with the requirements of Rule 6.5. See TEX. R. APP. P. 6.5. The motion is GRANTED.

The record shows that appellant is indigent. It is therefore ORDERED that this appeal is ABATED to the trial court for appointment of 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). The trial court is ORDERED to appoint appellate counsel and to cause the trial court clerk to file a supplemental clerk's record containing documentation of such appointment within 15 days from the date of this order. 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 reinstatement of the appeal. rcm

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of April, 2013.

Keith E. HottleClerk of Court

20130424

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