Richard Casarez Lopez v. The State of Texas--Appeal from 361st District Court of Brazos County (per curiam)

IN THE

TENTH COURT OF APPEALS

No. 10-10-00393-CR

Richard Casarez Lopez,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 09-04380-CRF-361

ORDER

On January 25, 2011, Appellant's retained counsel filed a motion to withdraw as counsel in this appeal.  The motion states that Appellant is indigent and cannot afford the cost of the trial transcript, and it requests the appointment of counsel in this appeal. 

In a non-Anders case, the appointment of counsel 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) (Vernon Supp. 2010); cf. Meza v. State, 206 S.W.3d 684, 688 (Tex. Crim. App. 2006).  The trial court retains jurisdiction to appoint counsel for an indigent defendant.  See Enriquez, 999 S.W.2d at 908; see also Meza, 206 S.W.3d at 688.  We thus abate this appeal and refer the motion to withdraw and the request for appointment of counsel to the trial court for determination.

            The trial court shall hold a hearing to consider and determine:  (1) the motion to withdraw filed by Appellant's retained counsel; and (2) whether Appellant is indigent and, if so, whether to appoint the previously retained counsel or new counsel for him.

            The Clerk of this Court is ordered to forward a copy of the motion to withdraw to the trial court with a copy of this Order.

The trial court shall conduct the hearing within twenty-one days after the date of this order.  The trial court clerk shall file a supplemental clerk's record within thirty-five days after the date of this order.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal abated

Order issued and filed February 23, 2011

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