Timothy Craig Martin v. State

IN THE
TENTH COURT OF APPEALS
No. 10-11-00428-CR
TIMOTHY CRAIG MARTIN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 249th District Court
Johnson County, Texas
Trial Court No. F43795
MEMORANDUM OPINION
Timothy Craig Martin filed a notice of appeal for his conviction for criminal
mischief. On December 19, 2011, the trial court held a hearing on Martin’s waiver of his
right to appeal. Martin stated on the record that he waived his right to appeal Cause
No. 10-11-00428-CR. The record shows that the trial court granted Martin’s motion for
new trial. Martin further stated that because of the trial court’s decision to grant his
motion for new trial, he wished to dismiss his appeal.
On May 2, 2012, Martin’s counsel filed a motion to dismiss the appeal. See TEX.
R. APP. P. 42.2(a). Martin did not sign the motion to dismiss as contemplated by Rule
42.2. Martin stated on the record his desire to dismiss the appeal. His clear indication
of his desire to abandon the appeal provides a sufficient basis for this Court to dismiss
the appeal. See Hendrix v. State, 86 S.W.3d 762 (Tex. App.─Waco 2002, no pet.).
The motion is granted, and the appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted; appeal dismissed
Opinion delivered and filed May 9, 2012
[CR25]
Martin v. State Page 2