Charles Deon Matthews v. State ( 2013 )

Opinion issued June 27, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-11-01085-CR
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CHARLES DEON MATTHEWS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Cause No. 1285686
MEMORANDUM OPINION
On February 14, 2013, we abated the appeal and ordered a hearing in the
trial court because appellant, Charles Deon Matthews, had not filed a brief.
Among the issues the trial court was to consider was whether appellant desired to
prosecute the appeal. The trial court conducted a hearing on March 1, 2013, at
which appellant appeared with his retained counsel. A supplemental clerk’s record
and a reporter’s record of the hearing have been filed, and we have reinstated the
appeal.
The hearing record reflects that the trial court explained to appellant his
appellate rights and explained that he may be entitled to appointed counsel.
Appellant stated on the record in open court that he had consulted with counsel and
that he wished to withdraw his appeal. At the conclusion of the hearing, the trial
court found that appellant does not wish to prosecute the appeal. In addition, the
supplemental clerk’s record reflects that, on the day of the hearing, appellant filed
a “Notice of Waiver of Appeal,” which is signed by appellant and his counsel.
Appellant has not filed a motion in this Court to withdraw the appeal. See
TEX. R. APP. P. 42.2(a). Given appellant’s expressed desire on the record in open
court to forego pursuit of his appeal, however, we conclude that good cause exists
to suspend the operation of Rule 42 in this case, in accordance with Rule 2. See
TEX. R. APP. P. 2, 42; Conners v. State, 966 S.W.2d 108, 110–11 (Tex. App.—
Houston [1st Dist.] 1998, pet. ref’d). We have not yet issued a decision in the
appeal.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We
dismiss any pending motions as moot.
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PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.
Do not publish. TEX. R. APP. P. 47.2(b).
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