Opinion
07-22-00364-CR
11-17-2023
SEAN MICHAEL GRAVELLE, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish
On Appeal from the 316th District Court Hutchinson County, Texas Trial Court No. 12913, Honorable James M. Mosley, Presiding.
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
ORDER OF ABATEMENT AND REMAND
Brian Quinn, Chief Justice
We affirmed the trial court's judgment of conviction on October 13, 2023. Appellant, Sean Michael Gravelle, timely mailed from prison a pro se motion requesting an extension of time to file a motion for rehearing. Appellant is presently represented by appointed counsel, the Honorable Dale Rabe. Rabe was appointed judge of the 100th District Court on October 6, 2023, but has not moved to withdraw from this appeal.
Because it appears appellant is without counsel during the rehearing period, we abate this appeal and remand the cause to the trial court to appoint new appellate counsel. The name, address, email address, phone number, and state bar number of newly appointed counsel shall be included in a trial court order and included in a supplemental clerk's record to be filed with this court by December 18, 2023.
Upon appointment, appellant's counsel shall communicate with appellant as counsel of record and determine whether arguable grounds exist to support a motion for rehearing. Given the unique circumstances involved, we further order that newly appointed counsel must either file with the clerk of this court the aforesaid motion for rehearing or written notification indicating that after discussion with appellant no rehearing will be pursued. The deadline to file either the motion or notification is January 17, 2024, unless otherwise extended.
It is so ordered.