Ex parte Sandoval

Keller, P.J.,

filed a concurring opinion

in which Keasler and Hervey, JJ., joined.

In Texas, as in the federal system, trial courts are authorized to appoint counsel on habeas in the interests of justice.1 The dissent says that the Court of Criminal Appeals should compel trial courts to appoint counsel whenever there is a “substantial” or even a “colorable” claim of ineffective assistance of trial counsel. The dissent says this Court has created a broken system and calls on us to enforce the *285plain language in the statute. But what the dissent wants us to do, quite plainly, is to usurp the trial…