                                         In The

                                   Court of Appeals
                     Ninth District of Texas at Beaumont
                               _________________
                                   NO. 09-12-00120-CR
                               _________________

                       WILLIAM DEAN HALBIRT, Appellant

                                           V.

                          THE STATE OF TEXAS, Appellee

________________________________________________________________________

                On Appeal from the County Court at Law No. 3
                        Montgomery County, Texas
                         Trial Cause No. 11-267050
________________________________________________________________________

                                        ORDER

      The Court finds it is necessary to return jurisdiction to the trial court for

appointment of new counsel because counsel of record for William Dean Halbirt is a

judge effective January 1, 2013.

      It is, therefore, ORDERED that the appeal is abated and the case is remanded to

the trial court for the purpose of appointing new counsel to represent appellant. A

supplemental clerk’s record containing any orders and findings made by the trial court




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pursuant to this Order, together with a reporter’s record of any hearings conducted by the

trial court, shall be filed with the Court of Appeals by February 25, 2013.

       All appellate timetables are suspended pending resolution of this matter in the trial

court. New counsel shall, within thirty days of being appointed to represent the appellant,

either file a motion to strike the brief filed by former counsel and file a new brief on

behalf of the appellant, or inform the Court whether new counsel will adopt the brief filed

by former counsel.

       ORDER ENTERED January 24, 2013.

                                                               PER CURIAM

Before McKeithen, C.J., Gaultney and Horton, JJ.




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