Christopher Jay Dutton v. the State of Texas

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Do not publish.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