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Taylor v. State

State of Texas in the Fourteenth Court of Appeals
Mar 9, 2021
NO. 14-19-00877-CR (Tex. App. Mar. 9, 2021)

Opinion

NO. 14-19-00877-CR

03-09-2021

ROBERT MARK TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 405th District Court Galveston County, Texas
Trial Court Cause No. 18-CR-3074

ABATEMENT ORDER

Appellant is represented by appointed counsel on appeal, Marcus J. Fleming. On January 11, 2021, retained counsel Nicholas Saranto filed a motion for substitution of counsel. The motion was denied because it did not reflect it was delivered to appellant. See Tex. R. App. P. 6.5(b), (d). On February 11, 2021, Saranto filed an amended motion for substitution of counsel. The motion complies with the rule. Id. A motion to substitute presumes current counsel is withdrawing. See Tex. R. App. P. 6.5(d). Because the withdrawing attorney was appointed by the trial court, we enter the following order.

We ORDER the judge of the 405th District Court to consider whether to permit Marcus. J. Fleming to withdraw. If Marcus. J. Fleming is permitted to withdraw, 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, if any, and a supplemental clerk's record containing any orders permitting Marcus. J. Fleming to withdraw. 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 supplemental record(s) are filed in this court.

PER CURIAM Panel Consists of Chief Justice Christopher and Justices Wilson and Spain.


Summaries of

Taylor v. State

State of Texas in the Fourteenth Court of Appeals
Mar 9, 2021
NO. 14-19-00877-CR (Tex. App. Mar. 9, 2021)
Case details for

Taylor v. State

Case Details

Full title:ROBERT MARK TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Mar 9, 2021

Citations

NO. 14-19-00877-CR (Tex. App. Mar. 9, 2021)