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Ross v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 7, 2017
No. 05-17-00346-CR (Tex. App. Nov. 7, 2017)

Opinion

No. 05-17-00346-CR

11-07-2017

DENISE ROCHELLE ROSS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-75745-Q

ORDER

We RESINSTATE this appeal.

Because of conflicting motions filed by two separate attorneys, the Court abated this appeal on September 6, 2017 for a hearing to determine which of the two in fact represented appellant. On October 31, 2017, a supplemental clerk's record was filed containing the trial court's September 28th findings. We ADOPT the findings that (1) appellant is indigent and entitled to appointed counsel; (2) despite appellant's indigency, appellant's mother retained the services of Dianne Jones McVay to represent appellant; and (3) appellant desires that Dianne Jones McVay represent her.

We GRANT the September 5, 2017 motion and amended motion to substitute counsel, filed by Dianne Jones McVay. We ORDER the Clerk to remove Allan Fishburn and to list Dianne Jones McVay as counsel of record for appellant. We DENY the September 5th motion to strike filed by Mr. Fishburn.

We DIRECT the Clerk to send copies of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; Allan Fishburn; Dianne Jones McVay; and the Dallas County District Attorney's Office.

Appellant's brief is due THIRTY DAYS from the date of this order.

/s/ LANA MYERS

JUSTICE


Summaries of

Ross v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 7, 2017
No. 05-17-00346-CR (Tex. App. Nov. 7, 2017)
Case details for

Ross v. State

Case Details

Full title:DENISE ROCHELLE ROSS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 7, 2017

Citations

No. 05-17-00346-CR (Tex. App. Nov. 7, 2017)