IN THE
TENTH COURT OF APPEALS
No. 10-16-00226-CR
MARTIN K. EDWARDS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court No. 15-23103
ORDER
Martin K. Edwards was convicted of online solicitation of a minor. Denton B.
Lessman was appointed counsel for Edwards on appeal. We have now received a motion
to substitute counsel requesting this Court to substitute Christopher Goldsmith for
Denton Lessman as counsel for Edwards. We are not able to substitute counsel for
Edwards. See Enriquez v. State, 999 S.W.2d 906, 908 (Tex.App. – Waco 1999, order). The
trial court has the authority through the Code of Criminal Procedure to relieve Lessman
of his duties and appoint new counsel for Edwards’s appeal. Id. Any substitution of
counsel and the related costs to the county should be determined by the trial court that
appointed Lessman to Edwards’s criminal proceeding. Id.
Accordingly, we deny the motion to substitute counsel. However, Christopher
Goldsmith has been added as additional counsel for Edwards in this appeal.
On December 7, 2016, Denton B. Lessman filed a motion to withdraw along with
an Anders brief. We deny the motion to withdraw, without prejudice to the filing of a
motion to withdraw in the trial court by Denton Lessman.
We abate this proceeding to the trial court for a determination of whether:
1. Edwards will continue the appeal with appointed or retained counsel;
2. In the event Goldsmith will proceed as retained counsel for Edwards, does
Goldsmith intend to adopt the Anders brief filed by Lessman or file a motion in
this Court to strike the Anders brief.
The trial court should conduct any necessary hearings within 30 days of the date of this
Order. The supplemental clerk’s and reporter’s records required by the rule, if any, are
ordered to be filed within 45 days of the date of this Order.
PER CURIAM
Edwards v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied
Order issued and filed December 14, 2016
Edwards v. State Page 3
Martin K. Edwards v. State
Combined Opinion