Full Opinion (html_with_citations)

       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN


                                      NO. 03-23-00441-CR



                                    Ron Guzman, Appellant

                                                v.

                                  The State of Texas, Appellee


                 FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
        NO. CR-06-137-A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING



                 ORDER AND MEMORANDUM OPINION

PER CURIAM

               Appellant’s counsel, appointed at the trial court for proceedings there, has filed a

motion to withdraw in this appeal from the denial of a motion for DNA testing. He states that he

filed a motion to withdraw that was not ruled on by the trial court. Counsel asserts that

Appellant would not want him to represent Appellant on appeal because counsel represented

Appellant at trial and has a conflict of interest. Counsel asserts that the State is not opposed to

his motion to withdraw.

               The legislature has given the trial court the responsibility of appointing counsel in

criminal proceedings including requests for DNA testing. Tex. Code Crim. Proc. arts. 1.051(d),

26.04(j)(2), 64.01(c) (DNA testing). When counsel is appointed by the trial court to represent an

indigent defendant on appeal, it is the trial court’s responsibility to relieve or replace counsel.

See Enriquez v. State,
999 S.W.2d 906, 907
 (Tex. App.—Waco 1999, no pet.); Williamson v.
State, No. 03–12–00672–CR,
2013 WL 363677
 at *1 (Tex. App.—Austin Jan. 25, 2013, no pet.)

(mem. op., not designated for publication).

               We therefore abate the appeal and remand the cause to the trial court to hold a

hearing on this motion to withdraw, appoint new counsel, if appropriate, and make appropriate

findings and recommendations.        See Tex. R. App. P. 38.8(b)(2), (3); see Webb v. State,
533 S.W.2d 780, 784
 (Tex. Crim. App. 1976) (right to self-representation extends to appellate

process). A supplemental record from this hearing, including copies of all findings and orders

and a transcription of the court reporter’s notes, shall be forwarded to the clerk of this Court as a

supplemental record not later than thirty days from the date of this opinion.




Before Chief Justice Byrne, Justices Kelly and Theofanis

Abated and Remanded

Filed: December 14, 2023

Do Not Publish




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