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Burgess v. State

Fourth Court of Appeals San Antonio, Texas
Feb 16, 2016
No. 04-16-00009-CR (Tex. App. Feb. 16, 2016)

Opinion

No. 04-16-00009-CR

02-16-2016

Darryn BURGESS, Appellant v. The STATE of Texas, Appellee


From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR0646
Honorable Lori I. Valenzuela, Judge Presiding

ORDER

Appellant has filed a motion to dismiss his appointed appellate counsel, stating he has filed a grievance against him with the State Bar of Texas. Although a defendant has no right to appointed counsel of choice, see Buntion v. Harmon, 827 S.W.2d 945, 949 (Tex. Crim. App. 1992), this appeal is ABATED to the trial court to rule on appellant's motion to dismiss. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding appellate courts may abate appeals so the trial court can assure appellant has effective assistance of counsel). The trial court is ORDERED to cause a supplemental clerk's record to be filed containing its ruling on the motion no later than two weeks from the date of this order.

/s/_________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of February, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Burgess v. State

Fourth Court of Appeals San Antonio, Texas
Feb 16, 2016
No. 04-16-00009-CR (Tex. App. Feb. 16, 2016)
Case details for

Burgess v. State

Case Details

Full title:Darryn BURGESS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 16, 2016

Citations

No. 04-16-00009-CR (Tex. App. Feb. 16, 2016)