Jordan L. Walker v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00507-CR
Jordan L. Walker, Appellant
v.
The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY
NO. 83722, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING
MEMORANDUM OPINION
On January 31, 2023, this Court abated the appeal and remanded to the trial court
for a hearing to determine whether appellant desired to continue prosecuting this appeal and
requested that the trial court prepare supplemental records pertaining to the hearing and file
the records with this Court. See Tex. R. App. P. 38.8. Following the hearing, the trial court
prepared supplemental clerk’s records containing a docket entry showing that appellant wished
to dismiss her appeal, a motion to dismiss the appeal signed by appellant and her trial counsel,
and affidavits from appellant and her trial counsel swearing that the statements in the motion
to dismiss were true and accurate. See id. R. 42.2. Accordingly, we grant the motion and
dismiss the appeal. See id.; see also R. 2 (allowing appellate courts to suspend rule’s operation
or order different procedure “to expedite a decision or for other good cause”); Lucero v. State,
Nos. 03-21-00313—00315, 2022 WL 16556833, at *8-9 (Tex. App.—Austin Oct. 31, 2022, no
pet.) (mem. op., not designated for publication) (dismissing appeals where record from Rule 38.8
hearing established that defendant had agreed to dismiss appeals).
__________________________________________
Thomas J. Baker, Justice
Before Justices Baker, Smith, and Jones*
Dismissed on Appellant’s Motion
Filed: March 23, 2023
Do Not Publish
*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by
assignment. See Tex. Gov’t Code § 74.003(b).
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