Michael Stoglin v. State

Court of Appeals of Texas

Michael Stoglin v. State

DecidedFebruary 21, 2019

Docket11-18-00329-CR

StatusPublished

This text of Michael Stoglin v. State (Michael Stoglin v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michael Stoglin v. State, (Tex. Ct. App. 2019).

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Opinion

Order filed February 21, 2019

In The

Eleventh Court of Appeals ___________

No. 11-18-00329-CR ___________

MICHAEL STOGLIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 358th District Court Ector County, Texas Trial Court Cause No. D-17-1911-CR

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 1, 2019, a supplemental clerk’s record evidencing such appointment. The appeal will be reinstated when the supplemental clerk’s record is filed in this court. Appellant’s brief, which is currently past due, will be due to be filed in this court thirty days after the date that this appeal is reinstated.

PER CURIAM

February 21, 2019 Do not publish.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.

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Order filed February 21, 2019

In The

Eleventh Court of Appeals ___________

No. 11-18-00329-CR ___________

MICHAEL STOGLIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 358th District Court Ector County, Texas Trial Court Cause No. D-17-1911-CR

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 1, 2019, a supplemental clerk’s record evidencing such appointment. The appeal will be reinstated when the supplemental clerk’s record is filed in this court. Appellant’s brief, which is currently past due, will be due to be filed in this court thirty days after the date that this appeal is reinstated.

PER CURIAM

February 21, 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.

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Michael Stoglin v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-stoglin-v-state-texapp-2019.