Arochi, Enrique Gutierrez ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,220-01
IN RE ENRIQUE AROCHI, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 401-80513-2015
ST
IN THE 401 DISTRICT COURT OF COLLIN COUNTY
Per curiam. Keller, P.J. would file and set.
OPINION
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original
jurisdiction of this Court. He requests that this Court order the district court to vacate its order
removing appointed counsel and appointing different counsel on the pending appeal, Arochi v. State,
05-16-01208-CR (Tex. App.—Dallas).
On January 25, 2017, this Court held this application in abeyance and ordered the Honorable
Mark Rusch to respond. Judge Rusch stated that he believed he could not permit trial counsel to
remain as appointed counsel on appeal and compensate him in that capacity because after Relator’s
trial, he no longer met the requirements to be appointed in Collin County. However, he met the
requirements to be appointed at the time he was appointed to Relator’s case, and this Court does not
find that good cause exists to remove him as Relator’s counsel. See TEX . CODE CRIM . PRO . art.
26.04(j)(2); Stearnes v. Clinton, 780 S.W.2d 216 (Tex. Crim. App. 1989); Stotts v. Wisser, 894
S.W.2d 366 (Tex. Crim. App. 1995).
We conditionally grant mandamus relief and direct the Respondent to vacate his order
appointing Pamela Lakatos as appellate counsel, thereby allowing Steven Miears to continue as
counsel for Relator on his pending appeal. The writ of mandamus will issue only in the event the
Respondent fails to comply within thirty days of the date of this opinion.
Delivered: April 12, 2017
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