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Robert Milligan v. State
Citation: Not availableDocket: 03-04-00531-CR
Court: Court of Appeals of Texas; June 17, 2005; Texas; State Appellate Court
Original Court Document: View Document
Robert Milligan was convicted on five counts of aggravated sexual assault and one count of burglary of a habitation, receiving a life sentence for each count. Appellant's court-appointed counsel deemed the appeal frivolous, invoking the DeGarmo doctrine, which suggests that a defendant's admission of guilt at the punishment phase waives any errors from the guilt-innocence phase. However, this doctrine has been largely overruled by subsequent cases, including Leday and Gutierrez, rendering the counsel's conclusion legally unfounded. Consequently, the appeal is abated, and counsel, Mr. William B. Mange, is instructed to submit a new brief that thoroughly examines the case record and incorporates relevant legal analyses from recent rulings. The new brief is due by July 29, 2005, after which the State will file its brief and the appeal will be resubmitted according to appellate rules. The ruling was filed on June 17, 2005, by Justice Jan P. Patterson, alongside Chief Justice Law and Justice Puryear.