Opinion
01-23-00750-CR
05-21-2024
Criminal District Court 4 of Tarrant County, Trial court case number: 1788689
ORDER
Richard Hightower, Judge.
Appointed counsel, Monroe Solomon III, moves to withdraw from the appeal on the ground that he recently discovered potential discovery violations that occurred during Solomon's representation of appellant at trial and that this presents a conflict because Solomon cannot continue representing appellant and might be a fact witness in a potential evidentiary hearing.
We ORDER the judge of the Criminal District Court 4 of Tarrant County to consider counsel's request to withdraw. If current counsel is permitted to withdraw, the judge shall appoint new appellate counsel for appellant. 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 permitting counsel to withdraw and appointing new counsel. Those records shall be filed with the clerk of this court within 30 days of the date of this order.
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 when the trial court's findings and recommendations are filed in this court.
It is so ORDERED.