Opinion
No. 10-10-00152-CR
Order issued and filed August 11, 2010. DO NOT PUBLISH.
Appealed from the 85th District Court, Brazos County, Texas, Trial Court No. 08-00711-CRF-85. Appeal abated.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
ABATEMENT ORDER
Appellant's court-appointed counsel has filed an unopposed motion to abate this appeal for the appointment of new counsel. Counsel alleges that appellant "may wish to assert a claim of ineffective assistance of Counsel, which puts Movant into a conflict situation." The State does not oppose the motion. Therefore, we abate this cause to the trial court to determine if new counsel should be appointed. The trial court shall: (1) conduct a hearing, if necessary, within twenty-one (21) days after the date of this Order; (2) prepare any necessary findings of fact and conclusions of law; and (3) sign a written order regarding the court's determination. The district clerk shall prepare a supplemental clerk's record containing a copy of (1) the trial court's findings of fact and conclusions of law, if any, and (2) the trial court's order. The supplemental clerk's record shall be filed with the Clerk of this Court within thirty-five (35) days after the date of this Order. If a hearing is conducted, the court reporter shall likewise file a supplemental reporter's record of the abatement hearing within thirty-five (35) days after the date of this Order.