Judge finds Christopher Beltran indigent, orders new appellate counsel after defendant requests replacement

A judge during a Bexar County criminal docket call found defendant Christopher Beltran indigent and ordered appointment of new appellate counsel after Beltran said he had not had contact with his court-appointed attorney, Judith Wimmert. Beltran told the court he wished to continue with his appeal and that he had been in custody for about two and a half years.

The finding matters because it triggers the appointment of counsel for an indigent defendant on appeal and creates a new attorney-of-record to handle the appellate filing and briefing. The court explicitly recorded that Beltran had not abandoned his appeal and would receive a replacement appellate attorney.

Courtroom questioning established that Beltran understood the nature of an appeal and that Wimmert had been appointed previously but had not been in contact. The judge administered the usual colloquy — asking whether Beltran objected to proceeding by Zoom and whether he wished to continue with the appeal — and then entered factual findings on the record. The judge said the court would make sure the appellate court received the findings and would move to have a different attorney appointed to represent Beltran on appeal.

The record shows Beltran had been placed on deferred adjudication, subsequently pled true, and had his community supervision revoked before seeking appellate review. He testified that he has no savings and is incarcerated; the court relied on that testimony in finding indigency.

The court directed that the appellate court be given the findings and that replacement appellate counsel be appointed; the judge asked court staff to ensure the appointment and to notify the defendant of the new counsel. No sentence change or additional substantive relief was taken at that hearing; the recorded action pertains to counsel appointment and the continuation of the defendant's right to appeal.