Abatement Order filed May 5, 2022
In The
Fourteenth Court of Appeals
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NO. 14-21-00714-CR
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BRICE BLANKENSHIP, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 506th Judicial District Court
Waller County, Texas
Trial Court Cause No. 16-05-15629
ABATEMENT ORDER
The trial court appointed Zach Coufal to represent appellant on appeal. After
the appointment, appellant retained Randy Schaffer to represent him. On April 14,
2022, Schaffer filed a motion to substitute as counsel.
An appointed attorney shall represent the defendant until
. . . charges are dismissed, the defendant is acquitted, appeals are
exhausted, or the attorney is permitted or ordered by the court to
withdraw as counsel for the defendant after a finding of good cause is
entered on the record.
Tex. Code Crim. Proc. Ann. art. 26.04(j)(2).
Accordingly, we ABATE this appeal and order as follows:
1. The judge of the 506th Judicial District Court shall consider Schaffer’s
request to substitute and shall determine whether appellant wishes to be
represented by Schaffer as retained counsel or whether appellant wishes
and is entitled to appointed counsel.
2. The judge shall see that a record of any hearing is made. The court
reporter is directed to prepare, certify, and file with the clerk of this court
a reporter’s record of the hearing. The trial clerk is directed to prepare,
certify, and file with the clerk of this court a supplemental clerk’s record
containing any orders regarding Schaffer’s request to substitute. The
reporter’s record and supplemental clerk’s record shall be filed with this
court by June 6, 2022.
3. We will hold Schaffer’s motion to substitute pending receipt of the
requested records.
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 after the
requested records are filed in this court.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Spain and Bourliot.
Panel Consists of Justices Chief Justice Christopher and Justices Bourliot and
Spain.