Narrative Opinion Summary
In the appeal case of Brandon Burleson v. The State of Texas, Burleson is appealing a conviction from the County Court at Law No. 2 in Hays County. His attorney, David K. Sergi, has filed a motion to withdraw due to Burleson allegedly failing to meet contractual obligations. The Court of Appeals granted Sergi's motion, complying with Rule 6.5 of the Texas Rules of Appellate Procedure. The case is abated to allow the trial court to determine: 1) whether Burleson wishes to continue the appeal, and 2) whether he is indigent and qualifies for court-appointed counsel. Should Burleson be found indigent, the trial court is instructed to appoint counsel for him. The trial court is required to conduct hearings within fifteen days of this order and to send findings and orders to the Court of Appeals within ten days after the hearings. The appellate timeline is paused and will resume upon receipt of the necessary records. The order was issued on December 13, 2018.
Legal Issues Addressed
Abatement for Determination of Indigency and Continuation of Appealsubscribe to see similar legal issues
Application: The case is temporarily abated to allow the trial court to ascertain whether the appellant wishes to continue the appeal and whether he qualifies as indigent for court-appointed counsel.
Reasoning: The case is abated to allow the trial court to determine: 1) whether Burleson wishes to continue the appeal, and 2) whether he is indigent and qualifies for court-appointed counsel.
Attorney Withdrawal under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The attorney's motion to withdraw is granted by the Court of Appeals, in compliance with Rule 6.5 of the Texas Rules of Appellate Procedure, due to the appellant's alleged failure to meet contractual obligations.
Reasoning: The Court of Appeals granted Sergi's motion, complying with Rule 6.5 of the Texas Rules of Appellate Procedure.
Effect of Abatement on Appellate Timelinesubscribe to see similar legal issues
Application: The appellate timeline is paused during the abatement period and will resume once the necessary records are received by the Court of Appeals.
Reasoning: The appellate timeline is paused and will resume upon receipt of the necessary records.
Procedure for Indigency Determination and Appointment of Counselsubscribe to see similar legal issues
Application: If the appellant is determined to be indigent, the trial court must appoint counsel for him and submit its findings and orders to the Court of Appeals within the specified timeframe.
Reasoning: Should Burleson be found indigent, the trial court is instructed to appoint counsel for him. The trial court is required to conduct hearings within fifteen days of this order and to send findings and orders to the Court of Appeals within ten days after the hearings.