Rogelio Rincon, Jr. v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-02-00868-CR

Rogelio RINCON, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-4619

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 13, 2003

DISMISSED

The appellant has filed a motion to dismiss this appeal. The motion is GRANTED, and the appeal is dismissed. See Tex. R. App. P. 42.2(a).

The appellant has also asked this court to appoint him counsel for the purpose of filing a post-conviction writ of habeas corpus. A post-conviction habeas corpus applicant is not constitutionally entitled to appointment of counsel, although counsel may be appointed whenever "the interests of justice require representation." Ex parte Graves, 70 S.W.3d 103, 111 (Tex. Crim. App. 2002); Tex. Code Crim. Proc. Ann. art. 1.051(c) (Vernon Supp. 2003). However, only the judges of county courts, statutory courts, and district courts trying criminal cases in each county are authorized to appoint counsel for indigent defendants in the county. See id. art. 26.04(a), (b)(1). Therefore, appellant's request is DENIED without prejudice to him to seek similar relief in the appropriate court.

PER CURIAM

DO NOT PUBLISH