Opinion
01-22-00836-CR
11-29-2022
Michael Allen Lee v. The State of Texas
Trial court: 412th District Court of Brazoria County, Trial court case numbers: 91060-CR.
ORDER
Amparo Guerra, Judge.
Appellant, Michael Allen Lee, has filed a "Motion to Substitute Counsel," requesting that Michael C. Diaz be permitted to withdraw, and Jonathan D. Landers be substituted as his counsel of record in this appeal. According to the motion, Landers "has been employed to represent appellant in this case." Accordingly, the motion requests that Landers be substituted in place of Diaz as appellant's counsel on appeal. See Tex. R. App. P. 6.5(d).
The motion does not state that appellant conferred with the State regarding the requested relief. However, more than ten days have passed, and the State has not opposed the motion. See Tex. R. App. P. 10.3(a)(2).
The motion is signed by both Landers and appellant. See Tex. R. App. P. 6.1(c). However, the motion does not confirm that "the withdrawing attorney" complied with the delivery requirements set forth in Texas Rule of Appellate Procedure 6.5. Specifically, the motion does not confirm that Diaz, as the withdrawing attorney, "delivered [the motion] to [appellant] in person or [by] mail[]." See Tex. R. App. P. 6.5(d). Because the motion fails to comply with the requirements of rule 6.5(d), the motion is denied. However, nothing in this order prevents appellant from filing a renewed request for substitution of counsel in compliance with the Texas Rules of Appellant Procedure.
It is so ORDERED.