RETHMEYER v. STATE

No. 09-16-00422-CR.

MICHAEL RETHMEYER, Appellant, v. THE STATE OF TEXAS, Appellee.

Court of Appeals of Texas, Ninth District, Beaumont.


Attorney(s) appearing for the Case

W. Troy McKinney , for Michael Rethmeyer, Appellant.

Wayln G. Thompson , for State of Texas.

Before McKeithen, C.J., Kreger and Johnson, JJ.


ORDER

PER CURIAM.

Appellant Michael Rethmeyer filed a motion to abate the appeal and to remand the case to the trial court for an evidentiary hearing on Rethmeyer's motion for new trial, in which Rethmeyer alleged that trial counsel provided ineffective assistance. Attached to Rethmeyer's motion for new trial was the affidavit of trial counsel, in which trial counsel averred that he provided ineffective assistance. The trial court signed an order denying Rethmeyer's motion for new trial and did not rule on Rethmeyer's motion for reconsideration of its order denying the motion. Rethmeyer contends that he is entitled to an evidentiary hearing on his motion for new trial. See generally Tex. R. App. P. 44.4. The State did not object to an abatement and remand for an evidentiary hearing on Rethmeyer's motion for new trial.

We abate the appeal and remand the case to the trial court for a motion for new trial hearing, at which counsel for the State, counsel for the appellant, and appellant shall be present in person. A supplemental reporter's record of the motion for new trial hearing and a supplemental clerk's record containing any orders and findings of the trial court shall be filed with the Court of Appeals on or before June 12, 2017. The appeal shall be reinstated without further order of this Court when the supplemental record is filed.


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