Opinion
05-23-01244-CR
12-12-2023
EBBY DEWAYNE WADE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 073026
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
Before this Court is appellant's pro se motion requesting that we dismiss his appointed counsel and motion to compel the production of the reporter's and clerk's records. At this time, we will not rule on appellant's motion. We do, however, ABATE this appeal to the trial court to hold a hearing to determine whether appointed appellate should be dismissed and if so, whether appellate will represent himself on appeal or new appellate counsel should be appointed by the trial court.
To the extent that appellant is requesting an extension of time to file his notice of appeal, the motion for an extension is moot because we construed appellant's November 2, 2023 motion to dismiss counsel and proceed pro se as his notice of appeal.
The trial court shall file a supplemental clerk's record containing the court's written findings pursuant to this order within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Brian Gary, presiding judge of the 397th Judicial District Court of Grayson County, and counsel for all parties.
The appeal will be reinstated when the supplemental clerk's record is filed or at such other time as the Court deems proper.