Opinion
14-21-00714-CR
05-05-2022
BRICE BLANKENSHIP, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 506th Judicial District Court Waller County, Texas Trial Court Cause No. 16-05-15629
Panel Consists of Justices Chief Justice Christopher and Justices Bourliot and Spain.
ABATEMENT ORDER
PER CURIAM
The trial court appointed Zach Coufal to represent appellant on appeal. After the appointment, appellant retained Randy Schaffer to represent him. On April 14, 2022, Schaffer filed a motion to substitute as counsel.
An appointed attorney shall represent the defendant until
. . . charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as counsel for the defendant after a finding of good cause is entered on the record.Tex. Code Crim. Proc. Ann. art. 26.04(j)(2).
Accordingly, we ABATE this appeal and order as follows:
1. The judge of the 506th Judicial District Court shall consider Schaffer's request to substitute and shall determine whether appellant wishes to be represented by Schaffer as retained counsel or whether appellant wishes and is entitled to appointed counsel.
2. The judge shall see that a record of any hearing is made. The court reporter is directed to prepare, certify, and file with the clerk of this court a reporter's record of the hearing. The trial clerk is directed to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing any orders regarding Schaffer's request to substitute. The reporter's record and supplemental clerk's record shall be filed with this court by June 6, 2022.
3. We will hold Schaffer's motion to substitute pending receipt of the requested records.
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 after the requested records are filed in this court.