IN THE
TENTH COURT OF APPEALS
No. 10-04-00105-CR
Milton Gardner,
Appellant
v.
The State of Texas,
Appellee
From the 87th District Court
Freestone County, Texas
Trial Court No. 04-015-CR
ORDER
On March 23, 2005, we affirmed the trial court’s judgment in this appeal, and on April 19, 2005, we denied Appellant’s Motion for Rehearing. We have received notice from the Texas Court of Criminal Appeals that Appellant’s pro se petition for discretionary review was filed on June 22, 2005. Pending before us is the Motion to Withdraw of Daniel L. Burkeen, Appellant’s court-appointed counsel at trial and in this appeal, filed on May 12, 2005. We dismiss the Motion to Withdraw as moot.[1]
BILL VANCE
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Motion dismissed as moot
Order issued and filed August 3, 2005
Do not publish
[1] The responsibility for appointment and withdrawal of court-appointed counsel is with the trial court. See Sowels v. State, 45 S.W.3d 690, 692 (Tex. App.—Waco 2001, no pet.); Tex. Code Crim. Proc. Ann. art. 26.04(a) (Vernon Supp. 2004-05).