Herren v. State

Full title: CHARLES ARLES HERREN, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 20, 2005

No. 10-04-00275-CR (Tex. App. Jul. 20, 2005)

Opinion

No. 10-04-00275-CR

Dissenting Opinion Delivered and Filed July 20, 2005.

Appeal from the County Court, Freestone County, Texas, Trial Court No. 19660.

DISSENTING OPINION

TOM GRAY, Chief Justice.

"However, we cannot dismiss this appeal until the appellant withdraws his notice of appeal by filing a written withdrawal that is personally signed by the appellant" is an interesting, and blatantly erroneous, statement in light of this Court's previous holding in Hartsell and cases and circumstances chronicled in the dissenting opinion in Hartsell. See Hartsell v. State, 143 S.W.3d 233 (Tex.App.-Waco 2004, no pet.). We already have more to support the determination that the defendant "does not desire to prosecute his appeal" than we had in Hartsell. If we do not overrule Hartsell, we should apply it. If we do not apply it, we should expressly overrule it. I dissent.