IN THE

TENTH COURT OF APPEALS

No. 10-06-00196-CR

James D. McIntyre,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 28672CR

          McIntyre was convicted of Indecency with a Child but we dismissed his appeal because his notice of appeal was untimely.  McIntyre v. State, No. 10-05-00253-CR, 2005 Tex. App. LEXIS 6106 (Tex. App.—Waco, August 3, 2005, no pet.) (not designated for publication).  The Court of Criminal Appeals granted McIntyre an out-of-time appeal.  Ex Parte James Deanta McIntyre, No. AP-75,426 (Tex. Crim. App. May 24, 2006) (not designated for publication).

          McIntyre filed with this Court a document entitled “Motion to Reject Appointed Counsel on Appeal and Appear Pro Se for an Appeal out of the 40th District Court.”  By this document, he clearly evidences his desire to pursue an appeal of his conviction, and as evidenced by the title, McIntyre indicates his desire to represent himself in this appeal.  However, we have since received documentation that McIntyre, or someone on his behalf, has retained counsel for this appeal.

          Therefore, unless this Court receives another motion from McIntyre expressing his desire to represent himself in this appeal, we will proceed with the appeal through retained counsel, Walter Reaves.  McIntyre’s pro se motion is denied.

                                                          PER CURIAM

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Motion denied

Order issued and filed July 26, 2006

Do not publish