IN THE
TENTH COURT OF APPEALS
No. 10-06-00313-CR
No. 10-06-00314-CR
Michael Larkin,
Appellant
v.
The State of Texas,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court Nos. FISC-05-17710 and FO-06-18232
abatement ORDER
Michael Larkin appealed two convictions; 10-06-00313-CR and 10-06-00314-CR. Appointed counsel for Larkin on appeal filed a motion to withdraw in appeal number 10-06-00313-CR and an Anders brief in support of that motion.[1] However, Larkin informed the Court that he has retained counsel who has now made an appearance in this Court and who has indicated that he will file a brief on the merits in appeal number 10-06-00313-CR.
Appeal number 10-06-00313-CR is abated to the trial court to have a hearing within 30 days from the date of this Order to determine whether the services of appointed counsel are still necessary. If Larkin has actually retained counsel and wants retained counsel to represent him in appeal number 10-06-00313-CR, the trial court may allow appointed counsel to withdraw. If appointed counsel is allowed to withdraw, retained counsel’s brief on the merits in appeal number 10-06-00313-CR is due within 30 days from the date of the order of withdrawal.
Retained counsel’s brief in 10-06-00314-CR is due 30 days from the date of the order rendered on the motion to withdraw in appeal 10-06-00313-CR, regardless of the trial court’s ruling on that motion.
Supplemental clerk’s and reporter’s records are due in this Court within 45 days from the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal abated
Order issued and filed November 28, 2007
Do not publish
[1] Appointed counsel has previously withdrawn and retained counsel has filed a notice of appearance in appeal number 10-06-00314-CR.