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Date: 03-18-2020
Case Style:
Carlos Roberson v. The State of Texas
Case Number: 07-20-00052-CR
Judge: Per Curiam
Court: Court of Appeals
Seventh District of Texas at Amarillo
Plaintiff's Attorney: Andrea R. Simmons
Defendant's Attorney:
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Appellant, Carlos Roberson, appeals his conviction for felony driving while
intoxicated2 and sentence to eight years’ confinement. Now pending before the Court is
the Motion to Withdraw and Request for Court-Appointed Attorney filed by appellant’s
retained counsel, Mr. Rick Cohen. In the motion, counsel states that he was only retained
as trial counsel and that appellant is unable to afford appellate counsel. Pursuant to Rule
1 Pursuant to the Texas Supreme Court’s docket equalization efforts, this case was transferred to
this Court from the Second Court of Appeals. See TEX. GOV’T CODE ANN. § 73.001 (West 2013).
2 TEX. PENAL CODE ANN. §§ 49.04, 49.09(b)(2) (West Supp. 2019).
2
of Appellate Procedure 6.5, counsel’s motion to withdraw is granted and he is relieved as
appellant’s attorney of record.
Because appellant may be indigent and entitled to appointed counsel, we abate
the appeal and remand the cause to the trial court for further proceedings. See TEX. CODE
CRIM. PROC. ANN. art. 1.051(d)(1) (West Supp. 2019). Upon remand, the trial court shall
utilize whatever means it finds necessary to determine the following:
(1) whether appellant still desires to prosecute the appeal;
(2) whether appellant is indigent and entitled to the appointment of
appellate counsel; and
(3) whether appellant is entitled to have the clerk’s record and reporter’s
record furnished without charge.
Outcome: If it is determined that appellant wants to proceed with the appeal, is indigent, andis entitled to appointed counsel, the trial court shall appoint appellate counsel.
Plaintiff's Experts:
Defendant's Experts:
Comments: