Opinion
Appellate case number: 01-15-00181-CR
08-15-2017
Patrick Dunbar Jesse v. State of Texas
MEMORANDUM ORDER Trial court case number: 1370984 Trial court: 185th District Court of Harris County
On March 28, 2017, Sonya Chandler Anderson filed a motion to substitute herself for Thalia Dubose as counsel of record for Patrick Dunbar Jesse and a motion to extended time to file a "motion for a new trial," which we interpret as a motion to extend time to file a motion for rehearing.
Texas Rule of Appellate Procedure 6.5(d) governs the procedure for substitution of counsel. The Rule contemplates that the attorney of record file a motion in this Court seeking to withdraw before substitution of new counsel may be permitted. Lewis v. State, 07-15-00061-CR, 2015 WL 1143188, at *1 (Tex. App.—Amarillo Mar. 13, 2015, no. pet.) (order). The Rule provides that, if a new attorney is substituting for the withdrawing attorney, the motion to withdraw must state "the substitute attorney's name, mailing address, [et cetera]." The withdrawing attorney must then notify the Appellant. TEX. R. APP. P. 6.5(b), (d). Furthermore, if the attorney has not properly substituted in, they cannot file a motion to extend time. See, e.g., Cantu v. Mozakis, No. 04-03-00577-CV, 2004 WL 298094, at *1 (Tex. App.—San Antonio Feb. 18, 2004, no pet.) (mem. op.)
Anderson's motion to substitute was neither filed nor signed by appellant or Dubose, and Dubose has not filed a motion to withdraw. Absent a withdrawal by Dubose, Anderson's motion is deficient, and Dubose remains Jesse's attorney of record. Absent the substitution, Anderson cannot file a motion for extension of time to file a motion for rehearing on Jesse's behalf.
We deny Appellant's motion to substitute Anderson for Dubose as the attorney of record in this appeal and her motion to extend time to file a motion for rehearing.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
Acting individually Date: August 15, 2017