Order entered January 23, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00710-CR
NICHOLAS PHILIP YUKICH, III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-82747-2011
ORDER
The Court GRANTS the January 9, 2017 motion of Mitchell R. Nolte to withdraw as
appellant’s retained counsel. We DIRECT the Clerk to remove Mr. Nolte as appellant’s retained
attorney of record.
We ORDER the trial court to conduct a hearing to determine why appellant’s brief has
not been filed.
The trial court shall first determine whether appellant desires to pursue the appeal.
If the trial court determines appellant no longer desires to pursue the appeal, the
trial court shall make a finding to that effect, and no further findings are
necessary.
If the trial court determines that appellant does wish to pursue the appeal, the trial
court shall next determine whether appellant is indigent and entitled to court-
appointed counsel. If appellant is indigent, we ORDER the trial court to appoint
counsel to represent him.
If appellant is not indigent, the trial court shall determine whether appellant has
made the necessary arrangements for filing a brief.
We ORDER the trial court to transmit a record containing the written findings of fact,
any supporting documentation, and any orders to this Court within THIRTY DAYS of the date
of this order.
This appeal is ABATED to allow the trial court to comply with this order. It shall be
reinstated thirty days from the date of this order or when the supplemental record is received,
whichever is earlier.
/s/ LANA MYERS
JUSTICE
Nicholas Philip Yukich, III v. State
Combined Opinion