Case Information
*1 Fourth Court of Appeals
San Antonio, Texas
July 18, 2017 No. 04-16-00630-CR & 04-16-00631-CR
Cody Lon SMITH ,
Appellant
v.
The STATE of Texas,
Appellee From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B-07-057 & B-15-631 Honorable Rex Emerson, Judge Presiding
O R D E R
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
M. Patrick Maguire has filed a motion to withdraw as appointed appellate counsel for appellant Cody Lon Smith. The motion is based solely on correspondence Maguire received from Smith, stating Smith does not want Maguire to “work on [his] case.” Appellant is not entitled to counsel of his choice and bears the burden of proving he is entitled to a change of counsel. Malcom v. State , 628 S.W.2d 790, 791 (Tex. Crim. App. 1982). Smith’s correspondence does not meet that burden. We therefore deny counsel’s motion to withdraw.
_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of July, 2017.
___________________________________ Luz Estrada
Chief Deputy Clerk
