Candace Dawn Dorsey v. State ( 2006 )

Opinion issued February 9, 2006

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-05-00463-CR

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CANDACE DAWN DORSEY, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from County Criminal Court at Law No. 11

Harris County, Texas

Trial Court Cause No. 1160709

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MEMORANDUM OPINION

               A jury convicted appellant, Candace Dawn Dorsey, of the misdemeanor offense of harassing communications. On March 29, 2004, the trial court sentenced appellant to 180 days, suspended the sentence and placed her on community supervision for one year. The trial court judgment states that appellant’s community supervision expires on March 28, 2005. On April 27, 2004, Grant M. Scheiner, counsel for appellant, filed a timely notice of appeal. On May 17, 2004 counsel Scheiner filed with the Harris County District Clerk’s Office motion to withdraw notice of appeal that contains the signatures of Scheiner and Candace Dawn Dorsey.

An affadavit with the signature of Candace Dawn Dorsey is attached the motion to withdraw the appeal provides:

I respectfully ask that my notice of appeal be withdrawn and that my appellate cause number be dismissed. I understand that I am under no obligation to withdraw my appeal, and that if the Court of Appeals does grant my request, I will not be able to pursue my appeal in this case now or in the future.

I have read the attached motion to withdraw notice of appeal and I approve and adopt the contents of the motion. I am satisfied with my appellate counsel, Grant M. Scheiner, and declare that Mr. Scheiner has advised me of all of my appellate rights (including but not limited to my right to pursue this appeal fully if I so desire).

               Also attached to the motion is an order signed by Jon Hughes, Judge Presiding in County Criminal Court at Law Number 11, that provides:

On this date came on to be heard the Defendant’s (Appellant’s) motion to withdraw notice of appeal. After considering the same, the Trial Court accepts the motion... Defendant is further ordered to comply with all terms and conditions of her community supervision.

               Appellant has not filed a written motion to withdraw the appeal in this Court. See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed.

               The clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Higley, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).