Opinion
14-22-00621-CR
11-16-2023
DANIEL JAMES GRAY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 06-CR-1249
ABATEMENT ORDER
PER CURIAM.
On March 31, 2023, the trial court appointed Zachary Maloney to represent appellant on appeal. On October 23, 2023, appellant filed a pro se motion requesting appointment of new 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 405th District Court shall consider appellant's request to appoint new counsel and determine whether appellant wishes to be represented by Zachary Maloney as counsel or whether appellant wishes and is entitled to new 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 appellant's motion. The reporter's record and supplemental clerk's record shall be filed with this court within 30 days from this order.
3. We will hold appellant's motion to withdraw appointed counsel's brief after the case is reinstated.
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.
Panel Consists of Chief Justice Christopher, Justices Wise and Jewell.