Opinion
01-24-00253-CR
11-07-2024
Pervis C. Comeaux v. The State of Texas
Trial court: 248th District Court of Harris County Trial court case number: 1734559
ORDER
VERONICA RIVAS-MOLLOY JUDGE
On October 15, 2024, Appellant Pervis C. Comeaux filed a motion requesting a sixty-day extension in which to file a pro se brief in response to his appointed counsel's Anders brief. On October 22, 2024, we granted his motion and extended the deadline for him to file his pro se brief to Monday, December 23, 2024.
On October 28, 2024, Appellant filed a second motion for extension of time in which to file his pro se brief. It also appears that Appellant is requesting new appellate counsel. To the extent Appellant seeks the appointment of new appellate counsel, the motion is denied. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (noting that only if we determine there are arguable grounds for appeal will we remand case to trial court for appointment of new counsel); In re Schulman, 252 S.W.3d 403, 411 (Tex. Crim. App. 2008) ("Until his Anders motion to withdraw is granted, counsel represents his client[.]"); Tankesly v. State, No. 07-17-00150-CR, 2017 WL 6003525, at *1 (Tex. App.-Amarillo Dec. 4, 2017, no pet.) (mem. op., not designated for publication) ("This court is without authority [] to appoint or replace counsel to represent indigent defendants in criminal proceedings as that authority is exclusively vested in the trial court.") (citing Tex. Code Crim. Proc. Ann. art. 26.04(c), (k)). And because we have already granted Appellant an extension of time to file his brief through December 23, 2024, we dismiss his second motion for extension of time as moot.
Also on October 28, 2024, Appellant filed a motion requesting access to a copy of the appellate record for use in preparing a response to appointed counsel's Anders brief. We grant the motion and order the trial court clerk, no later than 10 days from the date of this order, to provide a copy of the record, including the clerk's record, the reporter's record, and any supplemental records, to Appellant at no cost. The trial court clerk shall certify to this Court, within 15 days of the date of this order, the date upon which delivery of the record to Appellant is made. It is so ORDERED.