Tommy Edward Sanders v. State

• Court: Court of Appeals of Texas
• Decided: April 26, 2006
• Docket: 10-81-00100-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-81-00100-CR

TOMMY EDWARD SANDERS,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 178th District Court

Harris County, Texas

Trial Court No. 303538

DISSENTING Opinion

      This is just another example of how the resources of this Court can be needlessly dissipated.  The research done resulting in the Order, and the Order, are entirely unnecessary.

      On January 30, 2006, we received an inquiry from Mr. Sanders as follows:

  I need to know if there are any briefs either from the State or the Appellant’s court appointed Appeals Attorney.

  If these briefs are available, I need the cost of such briefs.  So I may purchase these briefs.

  Your help in these matters will be greatly appreciated.  Thank you.

      We erroneously responded that “No briefs were filed.”  Rather than explaining to the world in an order that verbal notice of appeal from a juvenile court did not perfect an appeal of the juvenile court’s order and dismissing Sanders’s motion for want of jurisdiction, we should profusely apologize to Mr. Sanders and as a courtesy, due to our error, provide to him copies of the briefs which were, in fact, filed in his appeal 25 years ago.  Copies of those briefs and the original opinion of the Court are attached to this dissenting opinion as Appendix A (Appellant’s Brief), Appendix B (State’s Brief), and Appendix C (the opinion of this Court).

      Mr. Sanders, you have my deepest apologies for the misinformation you received from this Court and I hope that the attached Appendices provide you with the information you requested in your original inquiry.  I further apologize for the confusion which may be created by the Court’s order.  Finally, I apologize for what appears to be an extensive amount of time you invested to prepare and file a brief on what you were told was a 25 year old appeal that had not had a brief filed on your behalf.

TOM GRAY

Chief Justice

Dissenting opinion delivered and filed April 26, 2006

Publish