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