Opinion
NO. 14-17-00607-CR
05-24-2018
LEROY STOOTS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court Harris County, Texas
Trial Court Cause No. 1517329
ABATEMENT ORDER
The State has filed a motion requesting abatement of this appeal and remand to the trial court for appointment of a District Attorney pro tem. At trial, on the State's motion, the trial court ordered the Harris County District Attorney and all Assistant District Attorneys for Harris County recused from this case because appellant's trial attorney was employed by the Harris County District Attorney's Office after initially representing appellant.
The trial court appointed Julian Ramirez to serve as District Attorney Pro Tem during trial. According to the State's motion, Ramirez has declined to represent the State on appeal.
Accordingly, we grant the State's motion, and order the judge of the 248th District Court to immediately conduct a hearing at which appellant, counsel for appellant, and counsel for the State shall be present to consider and rule on the State's request. The judge shall see that a record of the hearing is made, shall make any findings of fact and conclusions of law required by article 2.07 of the Texas Code of Criminal Procedure, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. Those records shall be filed with the clerk of this court within 30 days of the date of this order.
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 when the requested records are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing within 7 days, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
PER CURIAM Panel consists of Chief Justice Frost and Justices Donovan and Brown.