Opinion
NO. 03-17-00327-CR
12-14-2017
Timothy Anthony, Appellant v. The State of Texas, Appellee
ON MOTION FOR REHEARING
FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY
NO. D-1-DC-12-907260 , HONORABLE MIKE DENTON, JUDGE PRESIDING ORDER
PER CURIAM
We withdraw our opinion and judgment of July 18, 2017, and reinstate the appeal.
Appellant Timothy Anthony filed a motion for rehearing from our opinion dismissing this appeal on his motion. See Tex. R. App. P. 49.1. His motion for rehearing acknowledges that he and his appointed counsel filed the motion to dismiss, but notes that he subsequently filed a timely motion for new trial and timely pro se notices of appeal that are reflected in a supplemental clerk's record. It is a common practice for defendants to file pro se notices of appeal. Thomas v. State, 286 S.W.3d 109, 113 (Tex. App.—Houston [14th Dist.] 2009, no pet.). Courts may ignore pro se motions when the defendant has appointed counsel, but they are not required to do so. See, e.g., Smith v. State, 17 S.W.3d 660, 661 (Tex. Crim. App. 2000) (noting that pro se notice of appeal was filed before appointment of appellate counsel); Thomas, 286 S.W.3d at 113 (refusing to disregard pro se notice of appeal although appellant had appointed counsel).
Having considered the motion, the response, and the record, we grant the motion for rehearing and reinstate this appeal. See Tex. R. App. P. 49.3.
It is ordered December 14, 2017. Before Chief Justice Rose, Justices Pemberton and Goodwin Do Not Publish