Gary Dwayne Oatman v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00587-CR Gary Dwayne Oatman, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT

NO. 62,246, HONORABLE FANCY H. JEZEK, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant's appointed counsel on appeal has filed a motion to withdraw. This Court may not grant the motion because the effect would be to leave the indigent appellant without counsel. Therefore, the motion is dismissed and counsel is instructed to refile his motion in the district court. That court may grant or deny the motion at its discretion. If counsel is permitted to withdraw, the court shall immediately appoint substitute counsel. A copy of the order appointing substitute counsel shall be forwarded to this Court.

The motion for extension of time to file appellant's brief is granted. The time for filing appellant's brief on appeal is extended for sixty days from today's date, subject to further extension.

It is ordered May 12, 2010.

Before Justices Patterson, Puryear and Henson

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