Shay Derrick Hughes v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-23-00336-CR
___________________________
SHAY DERRICK HUGHES, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 43rd District Court
Parker County, Texas
Trial Court No. CR23-0122
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
After the attorney for Appellant Shay Derrick Hughes filed a motion to
withdraw, we granted the motion, abated this appeal, and remanded the case for a
hearing in the trial court to determine, among other things, whether Hughes wanted
to proceed with this appeal. At the hearing, Hughes stated that he no longer wished
to pursue his appeal. After we received the abatement hearing record, we reinstated
this appeal.
Hughes has not moved to dismiss his appeal under Rule 42.2(a) of the Texas
Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). However, he has stated on
the record that he no longer wishes to pursue his appeal. Based on the record before
us, we hold that good cause exists to suspend Rule 42.2(a) in this case, and we dismiss
this appeal. See Tex. R. App. P. 2; Kamara v. State, No. 02-22-00238-CR, 2023 WL
6151725, at *1 (Tex. App.—Fort Worth Sept. 21, 2023, no pet.) (mem. op., not
designated for publication) (suspending Rule 42.2(a) and dismissing appeal after
appellant stated on the record that he no longer wished to pursue his appeal); Detwiler
v. State, No. 02-18-00457-CR, 2019 WL 984179, at *1 (Tex. App.—Fort Worth
Feb. 28, 2019, no pet.) (mem. op., not designated for publication) (similar).
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/s/ Dana Womack
Dana Womack
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 11, 2024
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