Brill v. State

OPINION

WOODLEY, Judge.

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…