NO. 07-03-0037 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L D APRIL 17, 2003

______________________________ HENRY PETE, A PPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE CRIMINAL DISTRICT COURT OF JEFFERSON CO UNTY;

NO. 85631; HON ORABLELARRY GIST, JUD GE

_______________________________ Before QUINN and REAVIS and CAMPB ELL, JJ.
ABA TEMENT AND REMA ND Upon a plea of not guilty, appellant Henry Pete w as convicted by a j ury of possession of a controlled substance and punishm ent wasassessed at confinement for 10 years. The clerk ’s record and r eporter’ s record have both been fi led. Appel lant’s brief
wasdu e to be filed on March 24, 2003. On March 31, 2003, appellate counsel filed a2

mot ion to withdraw

in th is Cou rt asserting he discovered an irreconcilable conflict of interest because he w

as trial counsel for appellant’s co-defendant . The doc ket sheet contained in the clerk’s record reflects tha t ap pella nt’s trial counsel was retained. The notice of appeal was f iled by appellant, pro se . Although no form al order appointing appellate cou nse l app ear s in the record, the docke t sheet and theNotice of Fi ling Notice of Appea l reflect th at Kev in S. Lainewas appointed to repre sent ap pellant. Thetrial court has the responsibility for appointing counsel to represent indigent defendants, as w ell as the authority to relieve or replace counsel. SeeEnriquez v. State, 999 S .W .2d 906, 907 (Tex.App.–W aco 1999, no pe t.); see a lso Springer v. State, 940 S.W.2d 322, 323 (Tex.App.–D allas 1997, no pet.). Further, thetrial court r eta in s authority to appoint or substitute counsel even after the appellate record has been filed. Enriquez , 999 S.W.2d at 908. Therefore, in the interest of judicial econom y we now abate this appeal and rem and the cause to the t rial court forfurther proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Ru les of Appellate Procedure. Upon rem and thetria l cou rt s hall im m edia tely cause notice of

a hearing to be given and, thereafter conduc t a hearing to determ ine the following: 1. whether to grant appel late counsel ’s motion to withdraw; and if so 2. whether a ppel l ant desires to prosecute the appeal and is indigent and ent itled to n ew

app ointed coun sel.3

The tr ial court shal l cause the hearing to be transcribed. Sh ould it be determined that appellant desires to continue the appeal, then the trial court shall also take such m easures as ma y be necess ary to a ssure appellant effective assistance of counsel, w hich meas ures may include the appointment of new cou nsel. If new counsel is appointed, th e nam e, address, telephonenum ber, and sta te b ar n um ber of s aid coun sel s hall be included in the order appointing new counsel. Finally, the trial court shall execute findings of f a ct, conclusions of law , and s uch orde rs as t he court ma y enter regarding the aforem entioned issues, and cau se it

s fi ndin gs a nd conc lusio ns to beincl u ded in a s upplem ental clerk 's record. A supplem ental record of the hear ing shall al so be included in the appellate record. Fin ally, the trial court shall fil e the supplem ental clerk's record and the supplemental reporter's record with the Clerk of this C ourt by Monday , June 2, 2003.
It is so ordered. Per Curiam

Do not publish.