Roelio Madrigal v. State

• Court: Court of Appeals of Texas
• Decided: January 21, 2015
• Docket: 07-14-00350-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-14-00350-CR

ROELIO MADRIGAL, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 67,505-E, Honorable Douglas Woodburn, Presiding

January 20, 2015

ON ABATEMENT AND REMAND Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant Roelio Madrigal appeals his conviction for possession of a controlled

substance and sentence of ten years’ confinement in prison. His court-appointed

appellate counsel, Steven M. Denny, has filed a motion to withdraw from the

representation. His motion states he has learned that appellant is a witness for the trial

of another of Mr. Denny’s clients, creating an “irreconcilable” conflict of interest.

We grant Mr. Denny’s motion to withdraw. We abate the appeal and remand the

cause to the trial court. On or before February 6, 2015, the trial court shall appoint new counsel to represent appellant in this appeal. The written order appointing new counsel

shall include the name, postal service and e-mail addresses, telephone number, and

state bar number of the newly-appointed counsel. A copy of the order appointing new

counsel shall be included in a supplemental clerk’s record and filed with the clerk of this

court on or before February 13, 2015.

It is so ordered.

Per Curiam

Do not publish.