4849 Claremont Park Ct

Cleveland 2,3,4,5
8308 Hilltop Dr
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. AP-75,372, AP-75,377, AP-75,377, AP-75,377 IN
THE HONORABLE DIANNE S. HONEYCUTT, JUDGE PRESIDING
TRIAL COUNSEL
DUSTIN NADEZ, CLINT GROSSO AND HOPE KISERMAN, APPELLANTS
THE STATE OF TEXAS
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ORDER ON MOTION TO DISQUALIFY COUNSEL
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The felony grand theft and tampering with evidence-felony offenses of appellant Dustin Adams pleaded guilty to theft of property containing identifiable proceeds from a theft, enhanced by value. The court found that Adams's plea was knowing and voluntary.

Adams was charged with Count VAP-75,375, which alleged that after stealing the truck weighing in excess of 100 tons, Adams unlawfully, knowingly, and wrongfully took two barrels of oil, in an amount exceeding $50,000. According to the charging instrument, Adams then abandoned a third oil truck transporting oil valued in excess of $250,000 and the oil was abandoned on the highway and the three barrels of oil, valued in excess of $50,000, were found by an ordinary highway user, and so abandoned in the roadway. The evidence which accompanied the motion is the same, excepting that instead of weighing in excess of 100 tons the oil weighed in excess of 200 tons.

"The trial court's discretion in ruling on a motion to disqualify counsel is granted as much in favor of disqualification as limitations are laid on its exercise." Barrera v. State, 958 S.W.2d 354 (Tex. Crim. App. 1997).

Appellants do not dispute that a formal hearing, with the right to call, examine, and cross-examine, is required.