CourtListener 10760333•Christopher Jay Dutton v. the State of Texas
Christopher Jay Dutton v. the State of Texas
CourtListener 10760333Txctapp712 déc. 2025
Texte intégral
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-25-00259-CR
CHRISTOPHER JAY DUTTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 110th District Court
Briscoe County, Texas
Trial Court No. 1277, Counts I, II, and III; Honorable William P. Smith, Presiding
December 12, 2025
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Christopher Jay Dutton, appeals his three convictions for sexual assault
of a child1 and consecutive sentences of twenty years of confinement. Appellant is
represented by appointed counsel, Arthur Aguilar, Jr. On November 26, 2025, Appellant
filed a “Declaration of Conflict between Attorney and Client and Motion for Substitution of
Appointed Counsel” in this Court. In that motion, however, Appellant seeks relief from
1 See TEX. PENAL CODE § 22.011(a)(2)(A).
the trial court, requesting the appointment of new appellate counsel on the grounds that
Mr. Aguilar also served as trial counsel. Appellant contends this constitutes a clear
conflict of interest.
Because the trial court has responsibility for appointing counsel to represent
indigent defendants in criminal cases, as well as the authority to relieve or replace
appointed counsel, we abate the appeal and remand the cause to the trial court to rule
on Appellant’s motion requesting a substitution of appellate counsel. See TEX. CODE
CRIM. PROC. arts. 1.051(d), 26.04(j)(2). Upon remand, the trial court shall determine (1)
whether Appellant still desires to prosecute the appeal; (2) whether to appoint Appellant
new appellate counsel. The trial court shall enter such orders necessary to address the
motion to substitute and aforementioned questions. The trial court’s findings and any
orders issued shall be included in a supplemental clerk’s record to be filed with this Court
by January 12, 2026. If the trial court determines that new appellate counsel should be
appointed, the name, address, email address, telephone number, and state bar number
of any newly appointed counsel shall be included in the aforementioned findings.
All appellate deadlines, including Appellant’s current briefing deadline, are hereby
suspended until further order of the Court.
It is so ordered.
Per Curiam
Do not publish.
2
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