Michael Dale Reighley v. State

• Court: Court of Appeals of Texas
• Decided: March 21, 2018
• Docket: 10-18-00085-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00085-CR

MICHAEL DALE REIGHLEY, Appellant v.

THE STATE OF TEXAS, Appellee

From the 413th District Court Johnson County, Texas Trial Court No. F49732

ABATEMENT ORDER

Michael Dale Reighley was convicted of one count of online solicitation of a minor

and two counts of criminal solicitation of a minor. See TEX. PENAL CODE ANN. §§ 15.031,

33.021 (West 2011 & 2016). The record in this appeal has not yet been filed. We have been

provided documentation by the trial court, however, that indicates Reighley was

represented by counsel at trial but that Reighley subsequently filed a pro se notice of

appeal. Further, we have no indication whether trial counsel has withdrawn from

representing Reighley or whether new counsel has been appointed to represent Reighley on appeal.

Accordingly, this appeal is abated to the trial court to determine whether Reighley

is indigent, whether trial counsel continues to represent Reighley on appeal, and if not,

whether to appoint new counsel for Reighley. See TEX. CODE CRIM. PROC. ANN. arts. 1.051,

26.04 (West 2005 & 2009). If necessary, a hearing to make these determinations should be

held within 14 days from the date of this order. The Clerk’s and Reporter’s Records

containing the trial court’s written or oral findings and rulings, if any, are ordered to be

filed within 28 days from the date of this order.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal abated Order issued and filed March 21, 2018

Reighley v. State Page 2