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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 found guilty by a jury on five counts of aggravated sexual assault and one count of burglary of a habitation, receiving life sentences for each count. His court-appointed attorney submitted a brief stating that the appeal was frivolous, relying on the DeGarmo doctrine, which suggested that a defendant admitting guilt at the punishment stage waives errors from the guilt-innocence stage. However, this doctrine has been largely overruled, as noted in subsequent case law. Consequently, the court found the attorney's conclusion to be without legal basis and abated the appeal. Mr. William B. Mange, counsel for appellant, is required to submit a new brief that thoroughly examines the record and incorporates relevant legal analysis, particularly in light of the rulings in Leday and Gutierrez. This new brief is due by July 29, 2005, after which the State's brief and the resubmission of the appeal will proceed according to appellate rules. The memorandum opinion was filed on June 17, 2005, by Justice Jan P. Patterson, with Chief Justice Law and Justice Puryear concurring.