Bertrand Lancksweert v. State ( 2009 )

Opinion issued April 2, 2009

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-08-00583-CR

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BERTRAND LANCKSWEERT, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 46733

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MEMORANDUM OPINION

          On March 4, 2009, appellant filed a motion to dismiss the above-referenced appeal. At the time that the motion was filed, it did not comply with the Texas Rules of Appellate Procedure because it was signed by an attorney who was not appellant’s counsel of record and because no notice of appearance of new counsel or designation of new lead counsel had been filed. See Tex. R. App. P. 6.1(c), 6.2, 42.2(a). Accordingly, on March 10, 2009, this Court order appellant’s motion to dismiss taken with the case.

          On March 13, 2009, appellant filed a designation of new lead counsel, which complies with Texas Rule of Appellate Procedure 6.1(c), and which designates as appellant’s lead counsel the same attorney who signed the March 4, 2009 motion to dismiss the appeal. See Tex. R. App. P. 6.1(c). The March 13 designation of new lead counsel cures the defect in appellant’s March 4, 2009 motion to dismiss the appeal, so that the motion to dismiss now complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a).

          We have not yet issued a decision. Accordingly, Appellant’s March 4, 2009 motion to dismiss the appeal is granted, and the appeal is dismissed. The Clerk of this Court is directed to issue the mandate within 10 days of the date of this memorandum opinion. See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.

Do not publish. See Tex. R. App. P. 47.2(b).