Opinion
06-20-00010-CR
02-20-2024
THE STATE OF TEXAS, Appellant v. TRENTON KYLE GREEN, Appellee
On Appeal from the 188th District Court Gregg County, Texas Trial Court No. 49202-A
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Appellant, Trenton Kyle Green, was charged in Gregg County, Texas, with forgery, and the trial court granted Green's motion to quash the indictment. The State appealed to this Court. The trial court appointed V. Chris Botto to represent Green on appeal, and on March 17, 2020, Botto fded an appellate brief on Green's behalf.
It has come to this Court's attention that, sometime after March 17, 2020, the Gregg County District Attorney's Office hired Botto as an assistant district attorney. The Gregg County District Attorney's Office is, obviously, representing the State in this matter. Given that Botto is now a member of the Gregg County District Attorney's Office, his continued representation of Green in this matter is inappropriate.
In light of the foregoing, on our own motion, and in the interests of justice, we abate this appeal to the trial court with directions to relieve Botto of any further responsibility in this matter and to appoint new counsel to represent Green before this Court through the remainder of the appeal. We are confident that the Gregg County District Attorney's Office has established an appropriate wall between Botto and all aspects of this case.
The trial court need not hold a hearing to accomplish this new appointment. A written memorialization of the trial court's new appointment shall be entered into the record of the case and presented to this Court in the form of a supplemental clerk's record within five days of the date of this order, or on or before February 26, 2024. Upon receipt of the supplemental clerk's record identifying new counsel, this abatement will terminate. We withdraw the current submission date of February 12, 2024.
IT IS SO ORDERED.