Opinion
No. 08-14-00139-CR
10-22-2014
THOMAS LEONARD, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 120th District Court of El Paso County, Texas (TC# 20110D02415) ORDER
Court-appointed counsel for Appellant has filed a motion to withdraw on the ground that Appellant is "dissatisfied with the services of counsel" and has requested that another attorney be appointed to represent him on appeal. An indigent defendant is entitled to representation by court-appointed counsel, but he is not entitled to court-appointed counsel of his choice. Stearnes v. Clinton, 780 S.W.2d 216, 221 (Tex.Crim.App. 1989). The right to counsel may not be manipulated so as to obstruct the judicial process or interfere with the administration of justice. See King v. State, 29 S.W.3d 556, 566 (Tex.Crim.App. 2000). Thus, the defendant must accept counsel assigned by the trial court unless he affirmatively waives his right to counsel and exercises his right to represent himself on appeal, or he establishes adequate cause for appointment of a different attorney. See Webb v. State, 533 S.W.2d 780, 784 n. 3 (Tex.Crim.App. 1976). Personality conflicts and disagreements concerning the strategy employed by counsel are typically not valid grounds for withdrawal. King, 29 S.W.3d at 566. A court has no duty to search for counsel agreeable to the defendant. Id.
The Court has determined that it is necessary for the trial court to conduct a hearing to resolve fact issues raised by the motion to withdraw. Accordingly, the trial court is directed to conduct a hearing within thirty days from the date of this order to determine the factual basis for counsel's motion to withdraw and whether this amounts to adequate cause for appointment of a different attorney. Further, the trial court shall make written findings of fact and conclusions of law related to these issues and to file those findings and conclusions with the trial court clerk within fifteen days after the hearing. The trial court clerk shall prepare and file with this Court a supplemental clerk's record containing the findings and conclusions within ten days after they are filed with the trial court clerk. The court reporter shall prepare a supplemental reporter's record of the hearing and file same with this Court no later than ten days after the hearing.
IT IS SO ORDERED this 22nd day of October, 2014.
PER CURIAM