Edward Houston v. State

The State o

Fourth Court of Appeals San Antonio, Texas November 2, 2015

No. 04-15-00513-CR

Edward HOUSTON, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR7827 Honorable Kevin M. O'Connell, Judge Presiding

ORDER On October 2, 2015, Richard B. Dulany Jr. filed a motion that included, inter alia, a request to withdraw as appellate counsel. After this court received a designation of new lead counsel from the Bexar County Public Defender’s Office, on October 8, 2015, we granted Mr. Dulany’s motion to withdraw. On October 20, 2015, Mr. Dulany filed a motion to reconsider the order granting his motion to withdraw. He notes that Appellant’s October 12, 2015 affidavit requests that Mr. Dulany continue as Appellant’s court-appointed counsel. Mr. Dulany reurged his motion for this court to remand this matter to the trial court for it to consider his motion. “‘A defendant does not have the right to choose appointed counsel . . . .’” Whitney v. State, 396 S.W.3d 696, 700 (Tex. App.—Fort Worth 2013, pet. ref’d) (quoting Maes v. State, 275 S.W.3d 68, 71 (Tex. App.—San Antonio 2008, no pet.)). The Bexar County Public Defender’s office has Appellant’s file and has indicated it will pursue the appeal. The motion for reconsideration is DENIED.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of November, 2015.

___________________________________ Keith E. Hottle Clerk of Court