Opinion
NO. 14-20-00287-CR
06-30-2020
KENNETH JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Tarrant County, Texas
Trial Court Cause No. 1620739R
ABATEMENT ORDER
The trial court appointed Jack V. Strickland to represent appellant on appeal. After the appointment, appellant retained Bruce Anton to represent him. On June 24, 2020, Anton 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 Criminal District Court No. 2 shall consider Anton's request to substitute and shall determine whether appellant wishes to be represented by Anton as retained counsel or whether appellant wishes and is entitled to appointed counsel.
2. The judge shall see that a record of any hearing is made, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing any orders regarding Anton's request to substitute. The records shall be filed with this court by July 30, 2020.
3. We will hold Anton'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.
PER CURIAM Panel consists of Justices Christopher, Jewell, and Hassan.