Opinion
14-23-00712-CR
03-07-2024
ANDREW BURKE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause Nos. 22-DCR-099866
Panel Consists of Chief Justice Christopher and Justices Zimmerer and Poissant.
ABATEMENT ORDER
PER CURIAM
The trial court appointed Cary Faden to represent appellant on appeal. On February 26, 2024, appellant filed a pro se motion requesting appointment of new 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 458th District Court shall consider appellant's request to appoint new counsel and determine whether appellant wishes to be represented by Cary Faden as counsel or whether appellant wishes for and is entitled to new 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 appellant's motion. The reporter's record and supplemental clerk's record shall be filed with this court by April 8, 2024.
3. We will hold appellant's motion to appoint new counsel until after the case is reinstated.
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.