On August 6, 2015, this Court received a “Motion to Withdraw as Attorney” and a “Motion for Substitution of Attorneys” filed by attorney Walter M. Reaves Jr. and joined by attorney Guy Cox. ^[1] In these motions, Reaves indicates that he wishes to substitute for

Cox who has been representing appellee as appointed counsel.

The appointment of counsel of an indigent defendant 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); T EX . C ODE C RIM . P ROC . A NN . arts. 1.051(d)(1), 26.04(a) (West Supp. 2014); cf. Meza v. State , 206 S.W.3d 684, 688 (Tex. Crim. App. 2006). During an appeal, 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.

Accordingly, we abate this appeal to the trial court to conduct any necessary hearings for a determination of Jarvis’s indigence and whether counsel should be appointed. Any hearing should be held within 28 days of the date of this Order. The supplemental clerk’s and reporter’s records required by the rule, if any, are ordered to be filed within 42 days of the date of this Order.

PER CURIAM Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal abated

Order issued and filed September 3, 2015

Do not publish

State v. Jarvis Page 2

[1] Reaves has also filed a motion for extension of time to file “Appellant’s brief.” Notwithstanding the fact that Louis Houston Jarvis Jr. is the appellee in this matter, at this time, we take no action on the motion for extension of time or any other motion in the case.