433 SW2D 428 - Garza v. State

How this case has been cited

Cited by 18 later decisions — most recently May 1990

18 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 OPINION

ONION, Judge.

¶2 The offense is possession of heroin; the punishment, 30 years confinement in the Texas Department of Corrections.

¶3 Sentence was pronounced on July 24, 1967, and notice of appeal was given. The trial court, having determined at such time that appellant was too poor to employ counsel, granted his request for appointed appellate counsel. Appellant’s trial counsel was so appointed.

¶4 The record on appeal was approved October 24, 1967, and filed in this Court January 25, 1968.

¶5 No appellate briefs appear to have been filed in the trial court.

¶6 So that this indigent appellant not be deprived of the effective aid of counsel on appeal and an adequate appellate review, this appeal will be abated to allow the filing of a brief in the trial court on appellant’s behalf and for such proceedings as may be conducted in the trial court to provide appellant the effective aid of counsel on appeal. See Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811; Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; Entsminger v. State of Iowa, 386 U.S. 748, 87 S.Ct. 1402, 18 L.Ed.2d 501; see also Pate v. Holman, 5th Cir., 341 F.2d 764; Edge v. Wainwright, 5th Cir., 347 F.2d 190.

¶7 It is so ordered.