Success Irhirhi v. State ( 2015 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Success Irhirhi v. The State of Texas
Appellate case number: 01-14-00002-CR
Trial court case number: 1905854
Trial court: County Crim. Court at Law No. 9 of Harris County
On January 27, 2015, this case was abated and remanded to the trial court to determine
whether appellant wished to prosecute the appeal and, if so, whether or not appellant should be
appointed counsel. On February 4, 2015, the trial court held a hearing on our abatement order but
appellant failed to appear. The supplemental clerk’s record contains the trial court’s written
findings of fact and conclusions of law finding that appellant has abandoned the appeal.
Accordingly, we REINSTATE this case on the Court’s active docket. The case will be set
for submission and considered without briefs. See TEX. R. APP. P. 38.8(b)(4) (“If the trial court
has found that the appellant no longer desires to prosecute the appeal . . . the appellate court may
consider the appeal without briefs, as justice may require.” ); see also Ayala v. State, No. 01-13-
00393-CR, 2015 WL 161788, at *1 (Tex. App.—Houston [1st Dist.] Jan. 13, 2015, no pet.);
Compian v. State, No. 01-08-00034-CR, 2010 WL 3220644, at *2 (Tex. App.—Houston [1st
Dist.] Aug. 12, 2010, no pet.).
It is so ORDERED.
Judge’s signature: _/s/ Jane Bland
 Acting individually  Acting for the Court
Date: August 18, 2015