Opinion
No. 11-18-00220-CR
02-21-2019
TISHA LANETTE BURWELL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 244th District Court Ector County, Texas
Trial Court Cause No. C-42,078
ORDER
Appellant's court-appointed attorney of record, Lauren Gavin, has filed in this court a motion to withdraw as counsel on appeal. See TEX. R. APP. P. 6.5. Gavin states in her motion that she "accepted a position at the Ector County Attorney's office as a prosecutor for the State of Texas." Gavin's continued representation of Appellant in this case would constitute a conflict of interest. The motion to withdraw is granted, and the appeal is abated.
The trial court is directed to appoint new counsel to represent Appellant on appeal, and the trial court clerk is instructed to file in this court on or before March 1, 2019, a supplemental clerk's record evidencing such appointment. The appeal will be reinstated when the supplemental clerk's record is filed in this court. We note that an Anders brief has already been filed in this court. See Anders v. California, 386 U.S. 738, 744 (1967). New counsel may either adopt that brief or file an amended brief on behalf of Appellant. The amended brief will be due to be filed in this court thirty days after the date that this appeal is reinstated.
PER CURIAM February 21, 2019 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J. Willson, J., not participating.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.