Opinion
NO. 14-19-00011-CR
01-15-2019
JOSHUA ALLEN LEE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court Galveston County, Texas
Trial Court Cause No. 18-CR-0161
ABATEMENT ORDER
Retained attorney Guy L. Womack represented appellant in the trial court. Womack has filed a motion to withdraw in this court. The motion asserts the trial court granted appellant's motion to proceed as indigent but has not yet appointed appellate counsel for appellant. The motion further asserts appellant desires the trial court to appoint appellate counsel for him.
Accordingly, we ABATE this appeal and order as follows:
1. The judge of the 405th District Court shall immediately conduct a hearing at which appellant and counsel for the State shall participate, either in person or by video teleconference, to determine whether appellant desires to prosecute his appeal, and, if so, whether appellant is indigent and, therefore, entitled to appointed counsel on appeal.
2. The judge may appoint counsel for appellant if necessary.
3. 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 appointment of counsel. The records shall be filed with this court by February 14, 2019.
4. We will hold Womack's motion to withdraw 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