Nicholas Philip Yukich, III v. State

• Court: Court of Appeals of Texas
• Decided: January 23, 2017
• Docket: 05-16-00710-CR
• Status: Published

Opinion

Order entered January 23, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00710-CR

NICHOLAS PHILIP YUKICH, III, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82747-2011

ORDER The Court GRANTS the January 9, 2017 motion of Mitchell R. Nolte to withdraw as

appellant’s retained counsel. We DIRECT the Clerk to remove Mr. Nolte as appellant’s retained

attorney of record.

We ORDER the trial court to conduct a hearing to determine why appellant’s brief has

not been filed.

 The trial court shall first determine whether appellant desires to pursue the appeal. If the trial court determines appellant no longer desires to pursue the appeal, the trial court shall make a finding to that effect, and no further findings are necessary.

 If the trial court determines that appellant does wish to pursue the appeal, the trial court shall next determine whether appellant is indigent and entitled to court- appointed counsel. If appellant is indigent, we ORDER the trial court to appoint counsel to represent him.  If appellant is not indigent, the trial court shall determine whether appellant has made the necessary arrangements for filing a brief.

We ORDER the trial court to transmit a record containing the written findings of fact,

any supporting documentation, and any orders to this Court within THIRTY DAYS of the date

of this order.

This appeal is ABATED to allow the trial court to comply with this order. It shall be

reinstated thirty days from the date of this order or when the supplemental record is received,

whichever is earlier.

/s/ LANA MYERS JUSTICE