Opinion
NO. 14-15-00835-CR
01-26-2016
ANTHONY RAY WILSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court Harris County, Texas
Trial Court Cause No. 1455991
ABATEMENT ORDER
Appellant is represented by retained counsel on appeal, Kirby J. Taylor. On December 28, 2015, counsel filed a motion to withdraw as appellate counsel because appellant is purportedly indigent. On December 28, 2015, this court notified counsel that the motion did not comply with Texas Rule of Appellate Procedure 6.5, and requested that counsel file a compliant motion within ten days of the date of notice. Counsel did not file an amended motion. Accordingly, we deny counsel's motion, and enter the following order.
We ORDER the judge of the 185th District Court to consider counsel's request to withdraw. If current counsel is permitted to withdraw, the judge shall (1) immediately conduct a hearing, at which appellant, appellant's counsel, and state's counsel shall participate, either in person or by video teleconference, to determine (a) whether appellant desires to prosecute his appeal; (b) whether appellant is indigent; (c) if not indigent, whether appellant has abandoned the appeal. If appellant is indigent, the judge shall appoint new appellate counsel for appellant. The judge shall see that a record of the 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.
PER CURIAM