Michael Dale Reighley v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00085-CR
MICHAEL DALE REIGHLEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. F49732
ABATEMENT ORDER
Michael Dale Reighley was convicted of one count of online solicitation of a minor
and two counts of criminal solicitation of a minor. See TEX. PENAL CODE ANN. §§ 15.031,
33.021 (West 2011 & 2016). The record in this appeal has not yet been filed. We have been
provided documentation by the trial court, however, that indicates Reighley was
represented by counsel at trial but that Reighley subsequently filed a pro se notice of
appeal. Further, we have no indication whether trial counsel has withdrawn from
representing Reighley or whether new counsel has been appointed to represent Reighley
on appeal.
Accordingly, this appeal is abated to the trial court to determine whether Reighley
is indigent, whether trial counsel continues to represent Reighley on appeal, and if not,
whether to appoint new counsel for Reighley. See TEX. CODE CRIM. PROC. ANN. arts. 1.051,
26.04 (West 2005 & 2009). If necessary, a hearing to make these determinations should be
held within 14 days from the date of this order. The Clerk’s and Reporter’s Records
containing the trial court’s written or oral findings and rulings, if any, are ordered to be
filed within 28 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed March 21, 2018
Reighley v. State Page 2