Harrison v. State, 49377
| Decision Date | 04 December 1974 |
| Docket Number | No. 49377,49377 |
| Citation | 516 S.W.2d 192 |
| Court | Texas Court of Criminal Appeals |
| Parties | James Eugene HARRISON, Appellant, v. The STATE of Texas, Appellee. |
Carol S. Vance, Dist. Atty. and Clyde F. DeWitt, III, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
DALLY, Commissioner.
This is an appeal from a conviction for the offense of possession of heroin. The court found the appellant guilty on his plea of guilty, and assessed his punishment at imprisonment for five years.
The appellant at the time of trial filed an affidavit of indigency, and the court appointed counsel to represent him. At the time punishment was assessed the appellant's counsel reminded the court of the appellant's indigency, and he made known the appellant's desire to appeal and gave notice of appeal. The appellate record before us is not accompanied by brief filed in appellant's behalf pursuant to Art. 40.09, Sec. 9, Vernon's Ann.C.C.P. The court-appointed trial counsel has advised this court by letter that he does not represent the appellant for purposes of appeal. However, there is nothing in the record to indicate that the trial court permitted appointed counsel to withdraw. As far as this court is concerned the trial counsel still represents appellant on appeal. We must abate this appeal until the trial court shall take such steps as are necessary to provide appellant with the effective aid of counsel on appeal. See Richardson v. State, 495 S.W.2d 246 (Tex.Cr.App.1973); Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); cf. Steel v. State, 453 S.W.2d 486 (Tex.Cr.App.1970).
The appeal is abated.
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Mayo v. Cockrell, 00-20941.
...attorney of record." 2. This principle has been long recognized by the Texas Court of Criminal Appeals, e.g., Harrison v. State, 516 S.W.2d 192, 192 (Tex. Crim.App.1974), and is now codified in the Texas Code of Criminal Procedure. See. TEX. CODE CRIM. PROC. art. 3. This evidence distinguis......
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Ward v. State
...attorney's legal responsibilities do not magically and automatically terminate at the conclusion of the trial. 5 In Harrison v. State, 516 S.W.2d 192 (Tex.Cr.App.1974) the defendant's appointed counsel failed to file timely a brief and advised this Court by a letter "that he does not repres......
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Gollihar v. State, 07-84-0278-CR
...counsel for an indigent defendant is obligated to continue to serve until permitted by the court to withdraw. Harrison v. State, 516 S.W.2d 192, 193 (Tex.Crim.App.1974). Therefore, under this record, appellant was continually represented by counsel during the course of the trial and during ......
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Ward v. State
...nothing in the record to evidence the appointing court's permission for counsel to terminate his representation. Harrison v. State, 516 S.W.2d 192, 192-93 (Tex.Cr.App.1974). It logically follows that the exclusion of the transcription from the record on appeal cannot be charged to the trial......