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Fourth Court of Appeals
San Antonio, Texas
February 28, 2022
No. 04-21-00331-CR
John Darrick RITTENBERRY,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B20109
Honorable Rex Emerson, Judge Presiding
ORDER
On November 10, 2021, the trial court appointed Mr. M. Patrick Maguire as appellate
counsel for appellant. On February 21, 2022, Mr. Maguire filed a “Motion to Abate Appeal and
for Appointment of New Counsel,” in which he states he has a conflict of interest in representing
appellant.1
We GRANT the motion and ABATE this case to the trial court and ORDER the trial
court to appoint counsel to represent appellant. We further ORDER the trial court to file its
written findings of fact and conclusions of law with the trial court clerk no later than March 30,
2022.
We ORDER the trial court clerk to file a supplemental clerk’s record in this court no
later than ten days after the trial court files its findings of facts and conclusions of law. We
further ORDER the court reporter to file in this court a supplemental reporter’s record of the
hearing, along with copies of any documentary evidence admitted, no later than twenty days
after the date of the hearing.
All appellate deadlines are ABATED pending further orders from this court.
1 Counsel states he acted as the magistrate in appellant’s underlying criminal case in December 2019.
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_________________________________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 28th day of February, 2022.
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MICHAEL A. CRUZ, Clerk of Court