Opinion
10-23-00238-CR
12-18-2023
STUART BRADLEY FINCH, Appellant v. THE STATE OF TEXAS, Appellee
From the 278th District Court Walker County, Texas Trial Court No. 30129
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ORDER
PER CURIAM
On November 27, 2023, Appellant Stuart Bradley Finch filed a motion to substitute Bryan Laine as retained counsel for court-appointed counsel, Clint F. Sare.
In a non-Anders case involving court-appointed counsel, the withdrawal of court-appointed counsel and the appointment of new counsel are under the sole authority of the trial court. See Enriquez v. State, 999 S.W.2d 906, 907-08 (Tex. App.-Waco 1999, order) (per curiam); cf. Meza v. State, 206 S.W.3d 684, 688 (Tex. Crim. App. 2006). The trial court retains jurisdiction to rule on a court-appointed counsel's motion to withdraw. See Enriquez, 999 S.W.2d at 908; see also Meza, 206 S.W.3d at 688.
Nevertheless, to ensure that this case proceeds in an efficient manner and that notices are received, we grant Finch's motion, in part, such that Bryan Laine will be added as an attorney of record for Finch in this appeal and deny Finch's motion, in part, without prejudice to the filing of a motion to withdraw in the trial court by Clint F. Sare.
Motion granted in part and denied in part.