In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-17-00104-CR
TORRY JAMAL REED, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th District Court
Gregg County, Texas
Trial Court No. 41786-B
Before Morriss, C.J., Moseley and Burgess, JJ.
ORDER
Torry Jamal Reed was convicted by a Gregg County jury of murder and was sentenced to
seventy-five years’ imprisonment. The trial court initially appointed counsel to represent Reed in
the appeal of his murder conviction, after having determined that Reed was indigent. Thereafter,
appointed counsel withdrew from representation on Reed’s request, and Reed retained Gerald L.
Smith, Sr., to represent him on appeal. Thereafter, Smith filed an Anders1 brief on Reed’s behalf
and filed a motion to withdraw as counsel. Ultimately, this Court granted Smith’s motion to
withdraw as counsel, in accordance with Rule 6.5 of the Texas Rules of Appellate Procedure. See
TEX. R. APP. P. 6.5. We then afforded Reed the opportunity to retain new counsel to represent him
in this appeal. Reed filed a motion for extension of time in which to retain new counsel “due to
recent fund issues within [his] family.” Reed has now filed a pro se response to Smith’s Anders
brief.
Based on these circumstances, which reflect that Reed might now be indigent, we abate
this matter to the trial court so that it may conduct whatever hearings are necessary to make the
following determinations: (1) whether Reed still desires to prosecute his appeal and (2) whether
Reed is indigent and entitled to appointment of counsel to represent him in this appeal. If Reed is
determined to be indigent, then the trial court shall appoint counsel to represent Reed in this appeal.
1
Anders v. California, 386 U.S. 738 (1967). By letter dated February 26, 2018, we advised Smith that the provisions
of Anders do not apply to retained counsel. See Lopez v. State, 283 S.W.3d 479, 480 (Tex. App.—Texarkana 2009,
no pet.); Rivera v. State, 130 S.W.3d 454, 459 (Tex. App.—Corpus Christi 2004, no pet.). However, recognizing that
retained counsel has an ethical obligation to refuse to pursue a frivolous appeal, we have held that, “when counsel
encounters such an appeal, he must inform the appellate court of it and seek leave to withdraw in compliance with
Rule 6.5 of the Texas Rules of Appellate Procedure.” Lopez, 283 S.W.3d at 480.
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The trial court may enter any orders necessary to implement these directives. Any hearing
shall be conducted by the trial court within ten days of the date of this order. Appropriate orders
and findings shall be sent to this Court in the form of a supplemental clerk’s record within ten days
of the date of the hearing contemplated by this order. The reporter’s record of any hearing shall
be filed with this Court within ten days of the date of the hearing contemplated by this order.
All appellate timetables are stayed and will resume on our receipt of the supplemental
appellate record.
IT IS SO ORDERED.
BY THE COURT
Date: April 3, 2018
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