Jose Angel Segura v. State ( 2012 )

Opinion issued June 7, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00578-CR

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JOSE ANGEL SEGURA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2

Galveston County, Texas

Trial Court Cause No. 306074

MEMORANDUM OPINION

Appellant, Jose Angel Segura, was convicted by a jury of the Class B misdemeanor offense of driving while intoxicated.  See Tex. Penal Code Ann.§ 49.04 (West 2011). The trial court assessed a sentence of 10 days in the county jail.  After timely filing a notice of appeal on appellant’s behalf, appellant’s appointed trial counsel was permitted to withdraw from the case.

Because the record contained no indication that appellant desired to proceed pro se, that appellant had retained appellate counsel, or that the trial court had appointed counsel to represent appellate counsel, this Court abated the appeal and ordered the case remanded to the trial court for a hearing to determine whether appellant still desired to pursue this appeal and, if so, the status of appellant’s representation on appeal.  See, e.g., Ward v. State, 740 S.W.2d 794, 798 (Tex. Crim. App. 1987) (requiring that, after permitting appointed trial counsel to withdraw, trial court must either find that appellant is knowingly and voluntarily waiving right to appointed counsel or appoint appellate counsel).

The trial court conducted the hearing on May 12, 2012.  The reporter’s record of those proceedings has been filed in this Court.

At the hearing, appellant stated on the record in open court that he no longer wished to continue this appeal.  When further questioned by the trial court, appellant stated: “No, I don’t want to appeal.”

We order the appeal reinstated.  Appellant has not filed a written motion to dismiss the appeal.  See Tex. R. App. P. 42.2(a).  However, given appellant’s expressed desire on the record in open court to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case.  See Tex. R. App. P. 2.  We have not issued a decision in the appeal.

Accordingly, we dismiss the appeal.  See Tex. R. App. P. 43.2(f).  We dismiss any pending motions as moot.

We direct the Clerk to issue the mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Bland, Massengale, and Brown.

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