Matthew Paul Mikula v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00344-CR
MATTHEW PAUL MIKULA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 13th District Court1
Navarro County, Texas
Trial Court No. D37990-CR, Honorable James E. Lagomarsino, Presiding
March 26, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant, Matthew Paul Mikula, appeals his conviction of theft from a human
corpse or grave2 and sentence to eleven months’ confinement in a state jail facility. We
remanded the cause to the trial court on December 20, 2019, after appellant failed to
request preparation and make payment arrangements for the reporter’s record. On
1 Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV’T CODE ANN. § 73.001 (West
2013).
2 TEX. PENAL CODE ANN. § 31.03(e)(4)(B) (West 2019).
remand, the trial court was to determine, among other things, whether appellant still
desired to prosecute the appeal. The trial court held a hearing on January 15, 2020. Both
appellant and his appointed counsel were present. At the hearing, appellant notified the
trial court that he no longer wished to pursue the appeal.
Because appellant no longer desires to prosecute this appeal, we invoke Appellate
Rule 2 to suspend operation of Appellate Rule 42.2(a), which requires that appellant and
his attorney sign a motion to dismiss the appeal. See TEX. R. APP. P. 2, 42.2(a).
Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our
mandate will issue forthwith.
Per Curiam
Do not publish.
2