Brian Renfrow v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 1, 2022
• Docket: 02-21-00211-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth

No. 02-21-00210-CR No. 02-21-00211-CR

BRIAN RENFROW, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 396th District Court Tarrant County, Texas Trial Court Nos. 1642460D, 1657340D

ABATEMENT ORDER

On the court’s own motion, we abate these appeals to the trial court to make

the following findings regarding appointment of trial counsel:

• Determine whether Lynda Tarwater was appointed as trial counsel to replace

Zachary Ferguson as trial counsel or whether she was appointed in addition to Mr.

Ferguson;

• If Ms. Tarwater was appointed to replace Mr. Ferguson, determine whether (1) her

appointment was required under Code of Criminal Procedure Article 1.051(k)(1)– (2) and Article 26.04(j)(2) and make findings in support thereof, or (2) whether her

appointment was required under Article 26.04(k) and make a finding in support

thereof; and

• Make any additional findings as necessary, such as who requested the substitution

or addition.

The supplemental clerk’s record containing these findings is due in this court

no later than Thursday, August 11, 2022, unless additional time is requested. Upon

the filing of the supplemental clerk’s record, the appeals will be reinstated without

further order.

The clerk of this court is directed to transmit a copy of this order to the

attorneys of record, the trial court clerk, the trial court judge, and the court reporter.

Dated August 1, 2022.

Per Curiam