Hale v. State

The majority follow their holding in Dewberry v. State, 162 Tex.Cr.R. 160, 283 S.W.2d 399, and in support thereof cite as authority the opinion of Judge Lattimore in Ermis v. State, “intimating that it is the mandatory duty of this Court to dismiss an appeal upon request.” (5 Tex.Jur.2d, Sec. 336, Note 2.)

A distinguishment between this case and the Dewberry case is that Dewberry was permitted to withdraw his notice of appeal in the trial court and he requested that the transcript and statement of facts not be filed. The dissent was based upon the fact that Dewberry was permitted to withdraw…