Daven Alexander Mallard v. State

• Court: Court of Appeals of Texas
• Decided: June 9, 2016
• Docket: 11-14-00229-CR
• Status: Published

Opinion

Order filed June 9, 2016

In The

Eleventh Court of Appeals ___________

Nos. 11-14-00229-CR, 11-14-00230-CR, & 11-14-00231-CR ___________

DAVEN ALEXANDER MALLARD, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause Nos. 25423A, 25550A, & 25552A

ORDER Appellant’s court-appointed attorney of record, Stuart Holden, has filed in this court a motion to withdraw as counsel in each appeal. Counsel states that he “has been hired as an assistant District Attorney for Tom Green County” and “is closing his private practice” and that continued representation of Appellant in these appeals would constitute a conflict of interest. We note that these appeals are already at issue as both Appellant’s and the State’s briefs have been filed in this court. The motions comply with TEX. R. APP. P. 6.5. The motions are granted, and the appeals are abated. The trial court is directed to appoint new counsel to represent Appellant in these appeals, and the trial court clerk is instructed to file in this court on or before June 24, 2016, supplemental clerk’s records evidencing such appointment. The appeals will be reinstated when the supplemental clerk’s records are filed in this court.

PER CURIAM

June 9, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.