Legal Opinion

Mike Arthur Hartsell v. State

Texas Court of Appeals, 10th District (Waco)

Decided June 30, 2004No. 10-03-00255-CRPublished

1Opinion of the Court

Mike Arthur Hartsell v. State

IN THE

TENTH COURT OF APPEALS

No. 10-03-00255-CR

MIKE ARTHUR HARTSELL,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 1

Johnson County, Texas

Trial Court # M200202193

DISSENTING OPINION

The Court dismisses this appeal under the very circumstances the rule was designed to prevent dismissal. The rule requires the personal signature of the defendant on the notice of withdrawal of the notice of appeal before we can “voluntarily” dismiss a criminal defendant’s appeal. The applicable rule provides as follows:(a) At any time before the appellate court's…

2Cases cited7 opinions

  1. McClain v. State, Texas Court of Appeals, 10th District (Waco)2000
  2. Hendrix v. State, Texas Court of Appeals, 10th District (Waco)2002
  3. Harrison v. TDCJ-ID, Texas Court of Appeals, 10th District (Waco)2004
  4. Davidoff v. GX Technology Corp., Texas Court of Appeals, 10th District (Waco)2004
  5. Martinez v. State, Texas Court of Appeals, 10th District (Waco)2004

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