David Russell Hale v. State ( 2002 )

NO. 07-02-0187-CR
NO. 07-02-0188-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 25, 2002
______________________________
DAVID RUSSELL HALE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;
NOS. 44,828-A, 33,491-A; HONORABLE DAVID L. GLEASON, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
Appellant David Russell Hale attempted to file notices of appeal pro se in the
referenced matters. Because there was confusion surrounding which orders he was
appealing and no clerk’s or reporter’s records had been received, we abated and
remanded the appeals to the trial court for a determination as to whether appellant had
abandoned his appeals. We have now received a transcript of the hearing held by the trial
court in which appellant stated on the record that he no longer wished to pursue those
appeals. We have also received findings of fact and conclusions of law signed by the trial
court in which it has been found that appellant has abandoned his appeals.
An appeal may be voluntarily dismissed in a criminal case if the party withdraws his
notice of appeal by filing a written withdrawal personally signed by him with this court. Tex.
R. App. P. 42.2(a). However, we have the authority, pursuant to Rule 2 of the Rules of
Appellate Procedure, to suspend the operation of Rule 42.2(a) for this appeal only, and find
that appellant has voluntarily dismissed his appeals by virtue of his testimony during the
hearing, despite his lack of compliance with that rule. See Conners v. State, 966 S.W.2d
108, 110-11 (Tex.App.--Houston [1st Dist.] 1998, pet. ref’d). Therefore, because the record
shows appellant no longer wishes to pursue his appeals, they are hereby dismissed.
Having dismissed these appeals as requested by appellant, no motions for
rehearing will be entertained and our mandates will issue forthwith.
John T. Boyd
Chief Justice
Do not publish.
2