Court of Civil Appeals of Texas, 2011

Randolf Samuel Franklin, II v. State

Randolf Samuel Franklin, II v. State
Court of Civil Appeals of Texas · Decided November 15, 2011

Randolf Samuel Franklin, II v. State

Opinion

 

 

 

 

 

 

 

 

 

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-11-00142-CR

                                                ______________________________

 

 

                         RANDOLF SAMUEL FRANKLIN, II, Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                       On Appeal from the 264th Judicial District Court

                                                               Bell County, Texas

                                                            Trial Court No. 67603

 

                                                                                                   

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss


                                                      MEMORANDUM OPINION

 

            Randolf Samuel Franklin, II,[1] appeals from his conviction on a charge of burglary of a habitation, resulting in a twenty-year sentence of imprisonment.  In a companion case, Franklin also appealed from a conviction for theft from a person.  He has filed a single brief, in which he raises an issue common to both of his appeals.  Franklin argues that the trial court erred in refusing to allow his court-appointed attorney to withdraw on the day of trial, rendering his plea involuntary.

            We addressed this issue in detail in our opinion of this date on Franklin’s appeal in cause number 06-11-00141-CR.  For the reasons stated therein, we likewise conclude that error has not been shown in this case.

            We affirm the trial court’s judgment.

 

 

           

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

 

Date Submitted:          November 1, 2011

Date Decided:             November 15, 2011

 

Do Not Publish



[1]Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts.  See Tex. Gov’t Code Ann. § 73.001 (West 2005).  We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue.  See Tex. R. App. P. 41.3.

 

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