Thomas Lee McDaniel v. State

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Thomas Lee McDaniel v. The State of Texas

Appellate case number: 01-18-00891-CR

Trial court case number: 1527579

Trial court: 351st District Court of Harris County

Appellant is represented by appointed counsel, Cheri Duncan. Counsel filed an Anders brief and a motion to withdraw on May 3, 2019. On May 15, 2019, appellant filed a pro se document expressing his desire to withdraw his appeal.

A defendant is not entitled to hybrid representation. See Porter v. State, 540 S.W.3d 178, 183 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d). Accordingly, to the extent appellant requests dismissal of his appeal, that request is denied without prejudice to appellant’s counsel filing a motion to dismiss the appeal within 10 days that complies with Texas Rule of Appellate Procedure 42.2(a).

It is so ORDERED.

Judge’s signature: ____./s/ Peter Kelly____  Acting individually  Acting for the Court

Date: __May 30, 2019_____