Manuel Garcia v. The State of Texas--Appeal from 40th District Court of Ellis County (per curiam)
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IN THE TENTH COURT OF APPEALS No. 10-12-00041-CR MANUEL GARCIA, Appellant v. THE STATE OF TEXAS, Appellee From the 40th District Court Ellis County, Texas Trial Court No. 35,813CR ABATEMENT ORDER Appellant s counsel of record has filed a motion to withdraw, asserting that she has been representing Appellant pro bono, that she cannot afford to pay for the reporter s record, and that Appellant is indigent and cannot pay for the reporter s record. The appointment of counsel for an indigent defendant in a criminal case is under the sole authority of the trial court. See Enriquez v. State, 999 S.W.2d 906, 907-08 (Tex. App. Waco 1999, order); TEX. CODE CRIM. PROC. ANN. art. 26.04(a) (West Supp. 2011); cf. Meza v. State, 206 S.W.3d 684, 688 (Tex. Crim. App. 2006). The Court abates this cause to the trial court with instructions to hold a hearing to determine: (1) whether Appellant is indigent and entitled to appointed counsel and a free record; and (2) if Appellant is not found to be indigent, whether Appellant desires to represent himself or retain new counsel. The trial court shall conduct the hearing within twenty-one (21) days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five (35) days after the date of this order. Upon receipt of the supplemental records, the Court will dispose of the motion to withdraw. PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Cause abated Order issued and filed May 2, 2012 Do not publish Garcia v. State Page 2
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