Opinion
01-23-00895-CR
03-21-2024
Ruben Villarreal Padilla v. The State of Texas
Trial court: 179th District Court of Harris County, Trial court case number: 1759348
ORDER
Veronica Rivas-Molloy, Judge
On February 21, 2024, Clay S. Conrad, retained counsel for Appellant Ruben Villarreal Padilla, filed a Motion to Abate for Determination of Appellate Counsel explaining there is some inconsistency in the Harris County District Clerk and the First Court of Appeals Clerk records as to who is Appellants' appellate counsel. Conrad states he was retained by Appellant originally for purposes of filing a Motion for New Trial in the trial court, and that Appellant wants him to represent him on appeal. Appellant's court-appointed counsel, Jeffrey R. Newberry, filed a response, stating he has requested confirmation from Appellant that he retained Conrad to represent him on appeal, and that abatement is not necessary.
On March 11, 2024, Appellant through his retained counsel Conrad filed a Motion for Substitution of Counsel requesting that Jeffrey R. Newberry be removed as attorney of record for Appellant and that Conrad be substituted as attorney of record for Appellant in his place. The Motion complies with Texas Rule of Appellate Procedure 6.5(b) and (d). The Motion for Substitution contains Appellant's signature. More than ten days have passed since the filing of the Motion for Substitution with no opposition filed in response.
Appellant's Motion to Abate is denied as moot. The Motion for Substitution of Counsel is granted. See Tex. R. App. P. 6.5(b), (d). The Clerk of this Court is directed to note the withdrawal of Jeffrey R. Newberry as outgoing counsel for Appellant and the substitution of Clay S. Conrad as incoming counsel and attorney of record for Appellant on the docket of this Court.
It is so ORDERED.