Matthew John Armindariz v. State

• Court: Court of Appeals of Texas
• Decided: February 28, 2019
• Docket: 11-19-00021-CR
• Status: Published

Opinion

Order filed February 28, 2019

In The

Eleventh Court of Appeals ___________

No. 11-19-00021-CR ___________

MATTHEW JOHN ARMINDARIZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 358th District Court Ector County, Texas Trial Court Cause No. D-45,887

ORDER Appellant’s court-appointed attorney of record, Lauren Gavin, has filed in this court a motion to withdraw as counsel on appeal. See TEX. R. APP. P. 6.5. Gavin states in her motion that she “accepted a position at the Ector County Attorney’s office as a prosecutor for the State of Texas.” Gavin’s continued representation of Appellant in this case would constitute a conflict of interest. The motion to withdraw is granted, and the appeal is abated. The trial court is directed to appoint new counsel to represent Appellant on appeal, and the trial court clerk is instructed to file in this court on or before March 8, 2019, a document evidencing such appointment. The appeal will be reinstated when that document is filed in this court. The clerk’s record and the reporter’s record remain due for filing on or before March 18, 2019.

PER CURIAM

February 28, 2019 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.1

Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.