Ex Parte Cameron Henderson ( 1998 )

Ex Parte Cameron Henderson

  IN THE

TENTH COURT OF APPEALS

No. 10-98-055-CR

EX PARTE CAMERON HENDERSON

From the 77th District Court

Limestone County, Texas

Trial Court No. 1005-A

MEMORANDUM OPINION

       Henderson sought a writ of habeas corpus from the trial court to prevent his extradition to Indiana on a check deception charge. See Tex. Code Crim. Proc. Ann. art. 51.13 (Vernon 1979 & Supp. 1998). After the trial court denied relief, Henderson appealed. Henderson has now filed a motion to voluntarily dismiss his appeal, stating that his appeal has become moot because the Governor of the State of Texas has withdrawn the warrant for Henderson’s extradition to Indiana and the threat of illegal restraint has been removed.

      The appellate rule governing voluntary dismissals in criminal appeals states:

At any time before the appellate court’s decision, the appellate court may dismiss the appeal if the appellant withdraws his or her notice of appeal. The appellant and his or her attorney must sign the written withdrawal and file it in duplicate with the appellate clerk. . . .

Tex. R. App. P. 42.2(a).

      We have not issued a decision in this appeal. A motion to withdraw Henderson’s appeal was filed with this court; however, it was signed only by Henderson’s attorney. At the court’s request, Henderson’s attorney supplemented the motion with an affidavit from Henderson which states that he consents to the withdrawal of his appeal. Although we do not advocate that motions to dismiss appeals be filed in this manner, we can see no logic in not granting the motion when, in actuality, the motion and its supplement meet the requirements of the rules. Furthermore, because Henderson’s appeal has become moot, we have an additional basis on which to grant his request. See Ex parte McClintick, 945 S.W.2d 188, 190 (Tex. App.—San Antonio 1997, no pet.). Thus, Henderson’s motion is granted.

      Henderson’s appeal is dismissed.

                                                                               PER CURIAM

Before   Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed June 3, 1998

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