Ex Parte Luis Enrique Miranda-Hernandez ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00020-CR
EX PARTE LUIS ENRIQUE MIRANDA-HERNANDEZ
From the County Court at Law No. 1
Brazos County, Texas
Trial Court No. 14-05412-CRM-CCL1
MEMORANDUM OPINION
This appeal was abated because no brief had been filed for appellant. After
receiving a supplemental record which contains the trial court's findings from the hearing
on abatement, the appeal was reinstated.
By letter dated April 24, 2018, the Clerk of this Court warned appellant that
pursuant to Rule 44.3 of the Texas Rules of Appellate Procedure and our inherent
authority, the appeal may be dismissed for want of prosecution because the trial court
recommended that, due to the inaction of appellant and his counsel, the appeal be
dismissed. See TEX. R. APP. P. 44.3; Ealy v. State, 222 S.W.3d 744 (Tex. App.—Waco 2007,
no pet.); Stavinoha v. State, 82 S.W.3d 690 (Tex. App.—Waco 2002, no pet.). The Clerk
further warned appellant that the Court would dismiss the appeal unless, within 14 days
from the date of the letter, a response was filed showing grounds why the appeal should
not be dismissed as the trial court recommended. More than 14 days have passed and no
response has been filed.
Accordingly, this appeal is dismissed, under our inherent authority, for want of
prosecution.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed May 16, 2018
Do not publish
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