Jerris Harris v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 28, 2025
• Docket: 03-25-00289-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00289-CR

Jerris Harris, Appellant

v.

The State of Texas, Appellee

FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-20-900078, THE HONORABLE KAREN SAGE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Jerris Harris has filed a notice of appeal from his conviction for the

offense of aggravated sexual assault. Harris appears to be indigent, as his notice of appeal

reflects that he was appointed appellate counsel in the court below. Appellant has filed a motion

to allow appointed counsel to withdraw as attorney of record and to allow substitute counsel to

serve as attorney of record instead.

The trial court has the responsibility for appointing counsel to represent indigent

defendants on appeal as well as the authority to relieve or replace appointed counsel upon a

finding of good cause. See Tex. Code Crim. Proc. arts. 1.051(d), (k)(2), 26.04(j)(2).

Accordingly, 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 Alvarado v. State,

562 S.W.3d 450, 450–51 (Tex. App.—Houston [1st Dist.] 2014, no pet.); Enriquez v. State, 999 S.W.2d 906, 907 (Tex. App.—Waco 1999, no pet.); Scales v. State, No. 03-23-00493-CR,

2024 WL 3841740, at *1 (Tex. App.—Austin Aug. 15, 2024) (order and mem. op.) (not

designated for publication).

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

the above cause to the district court. If the district court determines that good cause exists for

replacing counsel with substitute counsel, the district court shall remove counsel and promptly

appoint substitute counsel for the appeal of this cause. A supplemental clerk’s record containing

copies of the court’s order appointing substitute counsel and the court’s order allowing counsel’s

removal shall be forwarded to this Court no later than June 27, 2025.

Before Justices Triana, Theofanis, and Crump

Abated and Remanded

Filed: May 28, 2025

Do Not Publish