Brill v. State, 40002
| Decision Date | 23 November 1966 |
| Docket Number | No. 40002,40002 |
| Citation | 408 S.W.2d 232 |
| Parties | Walter Edmond BRILL, III, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
No appearance for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The offense is felony theft; the punishment, 4 years.
The appellate record transmitted to this Court reflects that prior to its being filed in this Court the trial judge granted appellant's motion and allowed him to withdraw his notice of appeal.
Under the provisions of Art. 44.11 C.C.P., further proceedings in the trial court are not suspended until the appellate record is filed in the Court of Criminal Appeals.
As to further proceedings under Art. 40.09 C.C.P., after the appellate record has been filed in this Court, see Rangel v. State, 408 S.W.2d 231.
The trial court was not without authority to allow appellant to withdraw his notice of appeal.
Notice of appeal having been withdrawn, the clerk was not required to transmit the record on appeal to this Court.
The appeal is dismissed as of October 28, 1966, the date of the trial court's order.
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Ex parte Giles
...of the cause. See Articles 40.09, 44.11, Vernon's Ann.C.C.P.; Rangel v. State, 408 S.W.2d 231 (Tex.Cr.App.1966); Brill v. State, 408 S.W.2d 232 (Tex.Cr.App.1966); Tucker v. State, 416 S.W.2d 437 (Tex.Cr.App.1967). Cf. Phillips v. State, 429 S.W.2d 897 (Tex.Cr.App.1968); Carrillo v. State, 4......
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Farris v. State, 1016-84
...trial judge had authority to grant a motion to dismiss appeal, e.g., Tucker v. State, 416 S.W.2d 437 (Tex.Cr.App.1967); Brill v. State, 408 S.W.2d 232 (Tex.Cr.App.1966); Rangel v. State, 408 S.W.2d 231 (Tex.Cr.App.1966), to enter a nunc pro tunc order correcting judgment and sentence to tru......
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Phillips v. State, 41317
...briefs had not expired at the time appellant's request was granted. See Tucker v. State, Tex.Cr.App., 416 S.W.2d 437. In Brill v. State, Tex.Cr.App., 408 S.W.2d 232, the trial judge was held authorized to permit dismissal of the appeal prior to the filing of appellate record in this Court. ......
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Lessing v. State, 48744
...Brock v. State, 449 S.W.2d 471 (Tex.Cr.App.1969); Tucker v. State, 416 S.W.2d 437 (Tex.Cr.App.1967); and Brill v. State,408 S.W.2d 232 (Tex.Cr.App.1966). Should the trial court dismiss the appeal pursuant to Rangel and its progeny, no further action need be taken by this The appeal is abated. ...