Anthony Marbley v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00612-CR
ANTHONY MARBLEY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 2 OF DENTON COUNTY
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MEMORANDUM OPINION 1 AND JUDGMENT
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On December 11, 2012, appellant Anthony Marbley filed a notice of
appeal from the order revoking his community supervision. Appellant’s retained
counsel filed a “Motion To Dismiss Appeal” on November 22, 2013. In an
affidavit attached to his motion, retained counsel stated that he has been
unsuccessful in contacting his client by phone since August 2013, and that
appellant’s whereabouts are unknown. Because the motion was not signed by
appellant as required by rule of appellate procedure 42.2(a), we abated the
appeal and remanded to the trial court for a hearing. See Tex. R. App. P.
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See Tex. R. App. P. 47.2(b).
42.2(a); Faretta v. California, 422 U.S. 806, 835, 95 S. Ct. 2525, 2541 (1975);
Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987).
We have received the supplemental reporter’s record of the abatement
hearing, which was held on January 14, 2014. Appellant did not appear at the
hearing. The trial court stated on the record that notice of the hearing had been
sent to appellant’s last known address and that such notice had been returned as
undeliverable. The trial court stated that it had no additional information on
appellant’s location and found that, having failed to respond, appellant indicated
no desire to prosecute the appeal.
Based upon the trial court’s findings and the supplemental reporter’s
record filed in this court, we conclude that good cause exists to suspend the
operation of rule 42.2(a) in this case. See Tex. R. App. P. 2, 42.2(a). No
decision of this court having been delivered before we received the motion to
dismiss, we grant the motion and dismiss the appeal. See Tex. R. App. P.
42.2(a), 43.2(f).
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 6, 2014
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