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