Opinion
No. 05-17-00346-CR
09-06-2017
DENISE ROCHELLE ROSS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-75745-Q
ORDER
Before the Court are the September 5, 2017 motions to (1) substitute counsel, filed by Dianne Jones McVay, (2) strike "motion to substitute counsel" filed by appointed counsel Allan Fishburn, and (3) amended motion to substitute counsel filed by McVay. We have reviewed the motions and the record. The record shows Allan Fishburn was appointed by the trial court on March 31, 2017 to represent appellant who is indigent. McVay's amended motion attaches an affidavit which states that appellant's mother has hired McVay.
We ORDER the trial court to conduct a hearing to determine whether appellant is indigent and entitled to court-appointed counsel in this appeal. If the trial court finds that appellant is indigent and entitled to court-appointed counsel, we ORDER the trial court to determine whether, despite appellant's indigency, appellant's family has hired Dianne Jones McVay as retained counsel.
We ORDER the trial court to transmit a record of the hearing, including findings of fact, any orders, and any supporting documentation, to this Court within THIRTY DAYS of the date of this order.
We ABATE the appeal to allow the trial court to comply with the order. The appeal will be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; Allan Fishburn; Dianne Jones McVay; and the Dallas County District Attorney's Office.
/s/ LANA MYERS
JUSTICE