Westley Lopez v. the State of Texas
This text of Westley Lopez v. the State of Texas (Westley Lopez v. the State of Texas) 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.
Opinion
Order entered December 5, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-01222-CR
WESTLEY LOPEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F20-00125-N
ORDER
Before the Court is appellant’s November 22, 2022 motion to substitute
counsel. The motion states appellant desires to substitute Franklyn Mickelsen for
Larry Mitchell as appellant’s counsel.
A motion substituting counsel must show that the motion has been delivered
in person to the represented party or, alternatively, mailed to the party by both
certified and first-class mail addressed to their last known address. See TEX. R.
APP. P. 6.5(b). The certificate of service on the motion shows that a copy of the motion was sent to the Dallas County District Attorney, but it does not show it was
sent to Mr. Lopez.
Because the motion does not satisfy the requirements of rule 6.5(b) to permit
Mr. Mitchell to withdraw, we GRANT the motion to the extent we DIRECT the
Clerk to designate Franklyn Mickelsen as lead counsel for appellant. All future
correspondence should be sent to Franklyn Mickelsen as appellant’s lead counsel.
Mr. Mitchell shall continue to serve as co-counsel for appellant until he files
a motion to withdraw that conforms to rule 6.5.
/s/ DENNISE GARCIA JUSTICE
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