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McFarland v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
May 2, 2018
No. 10-18-00067-CR (Tex. App. May. 2, 2018)

Opinion

No. 10-18-00067-CR

05-02-2018

LEXINGTON LAINE MCFARLAND, Appellant v. THE STATE OF TEXAS, Appellee


From the County Court at Law No. 2 McLennan County, Texas
Trial Court No. 20170032CR2

ORDER REINSTATING APPEAL AND ABATEMENT ORDER

This appeal is reinstated so that we have the authority to render this Order.

We abated this appeal on March 28, 2018 to the trial court to determine whether 1) McFarland is indigent; 2) the court will appoint new counsel for McFarland; or 3) McFarland will hire new counsel or represent herself on appeal. See TEX. CODE CRIM. PROC. ANN. arts. 1.051, 26.04 (West 2005 & 2009). After a hearing, the trial court determined that McFarland was currently out of state in a rehabilitation program and the court could not obtain the evidence necessary to determine the issues as this Court had requested. Instead, the trial court requested that we abate this appeal until McFarland has been discharged from the rehabilitation program.

We abate the appeal until July 31, 2018 to give the trial court time to hold the previously-ordered and above-described hearing. The trial court is ordered to hold the hearing no later than July 15, 2018. Supplemental Clerk's Records and Reporter's Records are ordered to be filed by July 31, 2018. This proceeding is ordered reinstated on August 1, 2018 without further order from this Court unless reinstated earlier by order of the Court.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal reinstated; appeal abated
Order issued and filed May 2, 2018


Summaries of

McFarland v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
May 2, 2018
No. 10-18-00067-CR (Tex. App. May. 2, 2018)
Case details for

McFarland v. State

Case Details

Full title:LEXINGTON LAINE MCFARLAND, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: May 2, 2018

Citations

No. 10-18-00067-CR (Tex. App. May. 2, 2018)