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Smith v. State

Fourth Court of Appeals San Antonio, Texas
Jul 18, 2017
No. 04-16-00630-CR (Tex. App. Jul. 18, 2017)

Opinion

No. 04-16-00630-CR No. 04-16-00631-CR

07-18-2017

Cody Lon SMITH, Appellant v. The STATE of Texas, Appellee


From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B-07-057 & B-15-631
Honorable Rex Emerson, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

M. Patrick Maguire has filed a motion to withdraw as appointed appellate counsel for appellant Cody Lon Smith. The motion is based solely on correspondence Maguire received from Smith, stating Smith does not want Maguire to "work on [his] case." Appellant is not entitled to counsel of his choice and bears the burden of proving he is entitled to a change of counsel. Malcom v. State, 628 S.W.2d 790, 791 (Tex. Crim. App. 1982). Smith's correspondence does not meet that burden. We therefore deny counsel's motion to withdraw.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of July, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Smith v. State

Fourth Court of Appeals San Antonio, Texas
Jul 18, 2017
No. 04-16-00630-CR (Tex. App. Jul. 18, 2017)
Case details for

Smith v. State

Case Details

Full title:Cody Lon SMITH, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 18, 2017

Citations

No. 04-16-00630-CR (Tex. App. Jul. 18, 2017)