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EX PARTE LINDER

No. 74904.

129 S.W.3d 107 (2004)

Ex parte Donald Eugene LINDER, Applicant.

Court of Criminal Appeals of Texas.

March 3, 2004.

Attorney(s) appearing for the Case

Donald Eugene Linder, pro se.

Doug Arnold, Assist. DA, Georgetown, Matthew Paul, State's Attorney, Austin, for state.

Habeas corpus relief granted.

KELLER, P.J., filed a dissenting opinion.

Because the Court's opinion relies on state court precedent, Ex Parte Wilson,1 which conflicts with a decision of the United States Supreme Court, Ross v. Moffitt,2 I respectfully dissent.

In Ross, the Supreme Court held that the right to appellate counsel ends when the appeal is "passed upon by an appellate court."3

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