Timothy Paul Murnane v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00511-CR
Timothy Paul MURNANE,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR5755
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 5, 2014
DISMISSED
Appellant’s brief was due on September 19, 2013. We granted Appellant’s first motion for
extension of time to file the brief until October 21, 2013. On October 29, 2013, after no brief or
motion for extension of time was filed, we ordered Appellant to file Appellant’s brief or a motion
to dismiss. Appellant’s counsel filed a motion to dismiss this appeal. However, Appellant did not
sign the motion. Contra TEX. R. APP. P. 42.2 (requiring the appellant’s signature to authorize a
voluntary motion to dismiss).
04-13-00511-CR
On November 20, 2013, we denied counsel’s motion to dismiss this appeal and ordered
Appellant to file a brief or a motion for extension of time to file the brief not later than December
2, 2013. We warned Appellant that if no brief or motion was filed by that date, we would abate
this appeal to the trial court for an abandonment hearing. See TEX. R. APP. P. 38.8(b)(2). We also
cautioned Appellant’s attorney that, to protect Appellant’s rights, this court may “initiat[e]
contempt proceedings against [A]ppellant’s counsel.” Id. R. 38.8(b)(4).
After no response was received, on December 19, 2013, we abated this appeal and
remanded the cause to the trial court for an abandonment hearing. See id. R. 38.8(b); Samaniego
v. State, 952 S.W.2d 50, 52–53 (Tex. App.—San Antonio 1997, no pet.). On January 22, 2014,
Appellant’s counsel filed an Anders brief and a motion to withdraw. On January 23, 2014,
Appellant filed a motion to dismiss this appeal. Appellant’s motion to dismiss this appeal is signed
by Appellant and his court-appointed counsel. See TEX. R. APP. P. 42.2(a).
We withdraw our December 19, 2013 order abating this appeal; we reinstate this appeal on
this court’s docket. Appellant’s motion to dismiss this appeal is granted and this appeal is
dismissed. See id.; Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998,
pet. ref’d). Appellate counsel’s motion to withdraw is granted.
PER CURIAM
DO NOT PUBLISH
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