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in Re: Nathan Burt
05-16-01212-CV
| Tex. App. | Oct 21, 2016
|
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Case Information

*1 Dismissed w.o.j. and Opinion Filed October 21, 2016

In The

Court of Appeals Fifth District of Texas at Dallas No. 05-16-01212-CV

No. 05-16–01213-CV

IN RE NATHAN BURT, Relator Original Proceeding from the 204th Judicial District Court Dallas County, Texas

Trial Court Cause Nos. F15-25052 and F15-25053 MEMORANDUM OPINION Before Justices Francis, Fillmore, and Stoddart

Opinion by Justice Fillmore

In this original proceeding, relator asks this Court to dismiss his appointed trial counsel and appoint new trial counsel. Although section 22.221 of the Texas Government Code grants courts of appeals mandamus jurisdiction in criminal matters, an appellate court has no jurisdiction to remove appointed counsel and appoint new counsel. See Hebert v. Honorable Judge of 208th Dist. Court of Harris Cty ., 01-91-00052-CV, 1991 WL 22355, at *1 (Tex. App.—Houston [1st Dist.] Feb. 21, 1991, orig. proceeding) (not designated for publication). [1] The trial court has the exclusive responsibility for appointing counsel to represent indigent defendants, even after the appellate record has been filed. T EX . C ODE C RIM . P ROC . A NN . arts. 1.051(d), 26.04(c) (West. Supp. 2016); Watson v. State , No. 07-06-0414-CR, 2007 WL 313460, *2 at *1 (Tex. App.—Amarillo Feb. 2, 2007, no pet.) (per curiam). We, therefore, lack jurisdiction to provide relator the relief requested.

Accordingly, we DISMISS this original proceeding for want of jurisdiction.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 161212F.P05

–2–

[1] An appellate court may, on appropriate terms and conditions, permit an attorney to withdraw from representing a party in the appellate court. See T EX . R. A PP . P. 6.5. That situation is not presented by this original proceeding. 1

Case Details

Case Name: in Re: Nathan Burt
Court Name: Court of Appeals of Texas
Date Published: Oct 21, 2016
Docket Number: 05-16-01212-CV
Court Abbreviation: Tex. App.
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