Clone Kinsey v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER

Appellate case name: Clone Kinsey v. The State of Texas Appellate case number: 01-20-00088-CR Trial court case number: 1650087 Trial court: 228th District Court of Harris County

On March 30, 2021, Cynthia Henley, court-appointed counsel for appellant Clone Kinsey filed a motion to abate the above-referenced appeal. In the motion, Henley requests that the appeal be abated and remanded to the trial court for appointment of new appellate counsel because she has accepted new employment. See TEX. CODE CRIM. PROC. art. 1.051(d) (instructing that “eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in . . . an appeal to the court of appeals”); see also TEX. CODE CRIM. PROC. art. 26.04 (conferring trial courts with authority to appoint new counsel).

A request to withdraw as court-appointed counsel must comply with Texas Rule of Appellate Procedure 6.5. TEX. R. APP. P. 6.5. The motion to abate is not accompanied by, and does not itself meet the requirements of, a motion to withdraw under Rule 6.5. See TEX. R. APP. P. 6.5(a) (listing information and statements motion for leave to withdraw as counsel “must contain,” including party’s name and last known address and telephone number; statement that copy of motion was delivered to party; and statement that party was notified in writing of right to object to motion) (emphasis added); TEX. R. APP. P. 6.5(b) (“The motion must be delivered to the party in person or mailed—both by certified and first-class mail—to the party at the party’s last known address.”) (emphasis added).

Accordingly, it is DENIED.1 It is so ORDERED.

Judge’s signature: /s Amparo Guerra

Acting individually Date: April 8, 2021