Opinion
No. 04-02-00868-CR
Delivered and Filed: August 13, 2003. DO NOT PUBLISH.
Appeal From the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-4619, Honorable Sid L. Harle, Judge Presiding. DISMISSED
Sitting: Alma L. LOPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
The appellant has filed a motion to dismiss this appeal. The motion is GRANTED, and the appeal is dismissed. See Tex.R.App.P. 42.2(a). The appellant has also asked this court to appoint him counsel for the purpose of filing a post-conviction writ of habeas corpus. A post-conviction habeas corpus applicant is not constitutionally entitled to appointment of counsel, although counsel may be appointed whenever "the interests of justice require representation." Ex parte Graves, 70 S.W.3d 103, 111 (Tex.Crim.App. 2002); Tex. Code Crim. Proc. Ann. art. 1.051(c) (Vernon Supp. 2003). However, only the judges of county courts, statutory courts, and district courts trying criminal cases in each county are authorized to appoint counsel for indigent defendants in the county. See id. art. 26.04(a), (b)(1). Therefore, appellant's request is DENIED without prejudice to him to seek similar relief in the appropriate court.