Jarrod Anthonie Scales v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 15, 2024
• Docket: 03-23-00493-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00493-CR

Jarrod Anthonie Scales, Appellant

v.

The State of Texas, Appellee

FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 21-1601-K368 THE HONORABLE SARAH SOELDNER BRUCHMILLER, JUDGE PRESIDING

O R D ER AN D MEMO RAND UM OPIN ION

PER CURIAM

Appellant Jarrod Anthonie Scales’s appointed counsel, Jessica S. Freud, has filed a

motion to withdraw as counsel. In her motion, counsel asserts that good cause exists for her

withdrawal because, although she has nearly completed drafting appellant’s brief, Scales has made

certain demands “regarding the exact contents of [the brief] and the way he wishes that it be filed

with the court, to which counsel cannot agree.”

Indigent defendants are entitled to the appointment of counsel on appeal. Cooks v.

State, 240 S.W.3d 906, 910 (Tex. Crim. App. 2007). The legislature, however, has given the trial

court the responsibility of appointing counsel in criminal proceedings. Tex. Code Crim. Proc.

art. 1.051(d), 26.04(j)(2). 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.); Vargas v. State, No. 03-16-00083-

CR, 2016 Tex. App. LEXIS 6863, at *1 (Tex. App.—Austin June 30, 2016, order) (mem. op., not

designated for publication).

We therefore dismiss counsel’s motion to withdraw, abate the appeal, and remand

the cause to the trial court to hold a hearing in accordance with rule 38.8 of the Texas Rules of

Appellate Procedure. See Tex. R. App. P. 38.8(b)(2). Upon remand, counsel is instructed to refile

her motion to withdraw, and the trial court shall hold a hearing to determine whether to grant the

motion. In addition, the trial court shall determine whether Scales still wishes to prosecute his

appeal, and if so, the trial court shall make appropriate orders to ensure that appellant is adequately

represented on appeal. See id. A record of the hearing, including copies of all findings and

any orders, shall be forwarded to the Clerk of this Court for filing as a supplemental record no

later than thirty days from the date of this opinion. See id. R. 34.5(c)(2), .6(d) (authorizing

supplementation of clerk’s and reporter’s records).

It is so ordered on August 15, 2024.

Before Chief Justice Byrne, Justices Triana and Kelly

Abated and Remanded

Filed: August 15, 2024

Do Not Publish