Irwin Pentland v. State

Opinion

Abatement Order filed January 23, 2020

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00059-CR ____________

IRWIN PENTLAND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 427th District Court Travis County, Texas Trial Court Cause No. D-1-DC-17-904036

ABATEMENT ORDER

Appellant is represented on appeal by two appointed lawyers: Dal Ruggles and Elizabeth Whited. On December 17, 2019, Ruggles filed a motion to withdraw as counsel. The motion states in relevant part:

The undersigned attorney has received a request from Appellant asking that he withdraw as counsel in Appellant’s case. Appellant cites a lack of confidence in counsel’s handling of Appellant’s case as the reason. In response to Appellant’s request, counsel files this Motion for Leave to Withdraw.

1 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 427th District Court shall consider Ruggles’ request to withdraw and shall determine whether Ruggles should be permitted to withdraw.

2. The judge shall ensure that a record of any hearing is made, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk’s record containing any orders regarding Ruggles’ request to withdraw. The records shall be filed with this court by February 24, 2020.

3. We will hold Ruggles’ motion to withdraw 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