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Kay v. State

Court of Appeals of Texas, First District

December 19, 2013

Milton Wayne Kay
v.
The State of Texas

On Appeal from the 260th District Court of Orange County, Texas Trial Court Cause No. 1307615

ORDER OF ABATEMENT

Rebeca Huddle, Judge

We are in receipt of a letter dated December 16, 2013 from counsel for appellant, Denise Gremillion, indicating she has begun a new job with the Orange County District Attorney's Office, creating a direct conflict with her client in this matter. We do not have jurisdiction to remove or appoint counsel in criminal matters.

As such, we abate this appeal and remand the case to the trial court for a hearing at which appellant shall be present in person. The court coordinator of the trial court shall set a date for said hearing and notify the parties, including appellant. If appellant is now incarcerated, he may appear by closed video teleconference.[1] Trial counsel and any potential substitute counsel for this appeal shall also be present. We direct the trial court to make appropriate written findings of fact and conclusions of law and to execute any necessary orders on these issues:

1) Whether appellant still wishes to pursue this appeal;

2) If so, whether to allow trial counsel to withdraw;

3) Whether appellant is now indigent and entitled to appointed counsel; and, if indigent,

a. appoint counsel on appeal, and
b. order the court reporter to file the reporter's record with this Court at no cost to appellant;

4) If appellant is not indigent:

a. whether he has retained an attorney to file a brief, and, if so, obtain the name, address, and telephone number of retained counsel;
b. if appellant has not retained counsel, the trial court shall admonish appellant of the dangers and disadvantages of self-representation, and
i. determine whether appellant is knowingly and intelligently waiving his right to counsel; or,
ii. if appellant does not wish to proceed pro se, provide a deadline by which appellant ...

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