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Billy Ray Perkins Jr. v. State

Citation: Not availableDocket: 05-13-01125-CR

Court: Court of Appeals of Texas; December 18, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The appeal in the case of Billy Ray Perkins Jr. v. The State of Texas has been reinstated by the Court of Appeals, Fifth District of Texas at Dallas. The court previously ordered the trial court to investigate the reasons for the non-filing of the appellant’s brief. Following this, the court adopted the trial court's finding that the appellant does not wish to continue with the appeal. Consequently, the appeal is ordered to be submitted without briefs and without oral argument to a panel of Justices Francis, Lang-Miers, and Lewis as of the date of the order. The order is signed by Justice David Evans.

Legal Issues Addressed

Appellant's Intent to Discontinue Appeal

Application: The court adopted the trial court's finding that the appellant did not wish to pursue the appeal, influencing the court's decision to proceed without the appellant’s brief.

Reasoning: Following this, the court adopted the trial court's finding that the appellant does not wish to continue with the appeal.

Non-filing of Appellant's Brief

Application: The trial court was tasked with determining the reasons for the non-filing of the appellant’s brief, leading to a resolution based on the appellant's intentions.

Reasoning: The court previously ordered the trial court to investigate the reasons for the non-filing of the appellant’s brief.

Reinstatement of Appeal

Application: The Court of Appeals reinstated the appeal after conducting an investigation into the appellant's actions regarding the non-filing of the brief.

Reasoning: The appeal in the case of Billy Ray Perkins Jr. v. The State of Texas has been reinstated by the Court of Appeals, Fifth District of Texas at Dallas.

Submission Without Briefs and Oral Argument

Application: The appeal was submitted to a panel of justices without briefs and oral argument, following the appellant's expressed intention to discontinue the appeal.

Reasoning: Consequently, the appeal is ordered to be submitted without briefs and without oral argument to a panel of Justices Francis, Lang-Miers, and Lewis as of the date of the order.