Opinion
14-22-00457-CR 14-22-00458-CR14-22-00459-CR
12-21-2023
RICHARD BLAKE BRADLEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause Nos. 19-CR-2515, 19-CR-2516, 19-CR-2517
Panel Consists of Christopher Chief Justice and Bourliot and Hassan Justices.
ABATEMENT ORDER
PER CURIAM
The trial court appointed Winston Cochran to represent appellant on appeal. On November 14, 2023, we issued an opinion affirming the trial court's judgment. On November 29, 2023, counsel filed a motion to extend time to file a motion for rehearing. That motion has been granted. On December 4, 2023, appellant filed a pro se motion requesting appointment of new counsel.
An appointed attorney shall represent the defendant until
. . . charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as counsel for the defendant after a finding of good cause is entered on the record.Tex. Code Crim. Proc. Ann. art. 26.04(j)(2).
Accordingly, we ABATE this appeal and order as follows:
1. The judge of the 212th District Court shall consider appellant's request to appoint new counsel and determine whether appellant wishes to be represented by Winston Cochran as counsel or whether appellant wishes and is entitled to new appointed counsel.
2. The judge shall see that a record of any hearing is made. The court reporter is directed to prepare, certify, and file with the clerk of this court a reporter's record of the hearing. The trial clerk is directed to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing any orders regarding appellant's motion. The reporter's record and supplemental clerk's record shall be filed with this court by January 22, 2024.
3. We will hold appellant's motion to appoint new counsel until after the case is reinstated.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket after the requested records are filed in this court.