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Edgar v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Aug 17, 2017
Appellate case number: 01-17-00074-CR (Tex. App. Aug. 17, 2017)

Opinion

Appellate case number: 01-17-00074-CR

08-17-2017

Milton Earl Edgar, Jr. v. The State of Texas


ORDER Trial court case number: 1410624 Trial court: 230th District Court of Harris County

Appellant's brief was originally due on May 5, 2017. Three extensions were granted, but a fourth motion was denied and the appeal was abated and remanded to the trial court for a hearing. Appellant's counsel now has tendered an Anders brief, together with a motion for leave to file the late-filed brief.

The August 11, 2017 abatement order is withdrawn, and the appeal is now reinstated on the active docket.

In Anders brief's prayer for relief, counsel requests leave to file a motion to withdraw, but he has not filed a separate motion to withdraw. An Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be filed on its own. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); In re Schulman, 252 S.W.3d 403, 406-08 (Tex. Crim. App. 2008).

Accordingly, appellant's appointed counsel is ordered to file with the Clerk, within 10 days of the date of this order, a separate motion to withdraw that complies with Rules 6.5 and 9 of the Texas Rules of Appellate Procedure. See Schulman, 252 S.W.3d at 410, 412.

It is so ORDERED. Judge's signature: /s/ Michael Massengale

X Acting individually [ ] Acting for the Court Date: August 17, 2017


Summaries of

Edgar v. State

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Aug 17, 2017
Appellate case number: 01-17-00074-CR (Tex. App. Aug. 17, 2017)
Case details for

Edgar v. State

Case Details

Full title:Milton Earl Edgar, Jr. v. The State of Texas

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Aug 17, 2017

Citations

Appellate case number: 01-17-00074-CR (Tex. App. Aug. 17, 2017)