Opinion
05-23-01244-CR
12-18-2023
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.
We REINSTATE this appeal.
We abated this appeal for the trial court to make findings concerning whether appellant's appointed appellate counsel should be dismissed and whether appellant will represent himself on appeal. The trial court found that appellant's appointed counsel should be dismissed and appellant be permitted to represent himself on appeal. We DIRECT the Clerk to remove Garland D. Caldwell as counsel for appellant and to send all correspondence for appellant by first class mail to Ebby DeWayne Wade, TDCJ No. 02472911, Polunsky Unit, 3872 FM 360 South, Livingston, TX 77351.
Appellant's motion for extension of time to file notice of appeal is DENIED as moot because appellant's "Motion to Dismiss Counsel (Appellate) and Proceed Pro Se on Appeal" operated as a notice of appeal and was timely filed.
Appellant's "Motion to Compel the Production of the Clerk and Court Reporter's Records" is DENIED without prejudice to refiling after the clerk's record and reporter's record are filed. The clerk's record and reporter's record are due December 22, 2024, and they have not yet been filed.
We DIRECT the Clerk to send copies of this order to Kelly Ashmore, Grayson County District Clerk; Paula Thomas, Official Court Reporter, 397th District Court; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to Ebby DeWayne Wade, TDCJ No. 02472911, Polunsky Unit, 3872 FM 360 South, Livingston, TX 77351.