Antonio C. Olivas, Sr. v. State

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ANTONIO C. OLIVAS, SR.,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-05-00155-CR Appeal from the 109th District Court of Andrews County, Texas (TC# 3823)

MEMORANDUM OPINION

           Because no brief had been filed for Appellant, on July 27, 2005, we ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether Appellant desired to prosecute the appeal. The trial court conducted the hearing on August 19, 2005, and the supplemental record of that hearing has been filed in this Court along with the trial court’s Findings of Fact and Conclusions of Law. At the hearing, Appellant’s counsel stated that Appellant had given him a document stating that Appellant wished to withdraw this appeal. That document, signed by Appellant, indicated that Appellant had consulted with his attorney and had considered his options and he asked this Court to dismiss the appeal. The trial court’s Findings of Fact and Conclusions of Law indicate that Appellant did not wish to pursue this appeal.

           Appellant has not filed a written motion to withdraw the appeal. See Tex. R. App. P. 42.2(a). However, given Appellant’s expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed.

                                                                  RICHARD BARAJAS, Chief Justice

January 12, 2006

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)