Opinion
03-23-00133-CR
02-08-2024
John Wesley Covington, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE COMAL COURT AT LAW NO. 3 OF COMAL COUNTY NO. 2020CR0858, THE HONORABLE DEBORAH WIGINGTON, JUDGE PRESIDING
BEFORE CHIEF JUSTICE BYRNE, JUSTICES SMITH AND THEOFANIS
ORDER AND MEMORANDUM OPINION
PER CURIAM
W. Paul Parash, retained counsel for John Wesley Covington, has filed a motion to withdraw as counsel. Parash states that Covington has been unable to pay for the record and for Parash's full fee. The next deadline in this case is for filing of the reporter's record which, after several extensions of time, is currently due by February 15, 2024. We grant Parash's motion to withdraw.
Based on representations by Parash in the motion to withdraw, Covington intends to seek classification as indigent. We abate this appeal and remand this cause to the trial court until March 12, 2024, so that Covington may seek a ruling from the trial court regarding whether he is currently indigent. Covington shall request preparation of a supplemental clerk's record containing documents filed with the trial court supporting his indigency request and the trial court's ruling on that request.
If the trial court has not ruled on his request for an indigency determination by March 8, 2024, Covington shall inform this Court's clerk of the status of his request by letter.
Absent further orders of this Court, this cause will be reinstated when this Court's clerk receives the supplemental clerk's record or on March 12, 2024, whichever comes first.