Kerri Waller v. State ( 2006 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00346-CR

No. 10-06-00347-CR

Kerri Waller,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court Nos. FISC-06-18248 and FISC-06-18249

MEMORANDUM  Opinion

          Waller filed an “Agreed Motion to Dismiss Appeal” in each of her two appeals requesting the Court to withdraw her two notices of appeal and dismiss each appeal.  Waller did not personally sign either motion but did sign a waiver of her right to appeal in open court after her notices of appeal were filed.  See Tex. R. App. P. 42.2(a).  The waiver was presented to this Court with each motion.

          We have not issued an opinion in either of these appeals, and the Clerk has sent a duplicate copy of each motion to the trial court clerk.  See id.

          These appeals are dismissed.  See id.

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal Dismissed

Opinion delivered and filed December 20, 2006

[CRPM]

">Id. 74(l)(1).

      More than thirty days have passed since Grant's brief was due. We notified Grant of this defect by letter on November 2. See id. 60(a)(2), 83. He has not responded to our letter showing grounds for continuing the appeal nor has he provided a reasonable explanation for failing to file a brief. Therefore, this appeal is dismissed for want of prosection. See id. 74(l)(1).

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed November 16, 1994

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