Opinion
14-23-00505-CR
12-07-2023
ALBERT FARIAS JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 81st District Court Karnes County, Texas Trial Court Cause No. 20-08-00069-CRK
Panel Consists of Justices Bourliot, Zimmerer, and Spain.
ABATEMENT ORDER
PER CURIAM
The trial court appointed John Lamerson to represent appellant on appeal. On November 18, 2023, Mark Bennett 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 81st District Court shall consider Bennett's request to substitute and shall determine whether appellant wishes to be represented by Bennett as 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 Bennett's request to substitute. The reporter's record and supplemental clerk's record shall be filed with this court by January 8, 2024.
3. We will hold Bennett'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.