Ana Rebecca Gomez v. State

• Court: Court of Appeals of Texas
• Decided: October 11, 2007
• Docket: 13-02-00111-CR
• Status: Published

Opinion

NUMBER 13-02-111-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

ANA REBECCA GOMEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from County Court at Law No. 2 of Victoria County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez

and Benavides

Memorandum Opinion Per Curiam

Appellant, ANA REBECCA GOMEZ, perfected an appeal from a judgment entered by County Court at Law No. 2 of Victoria County, Texas, in cause number 2-76,746. On May 22, 2003, this cause was abated, and the trial court was directed to conduct a hearing in accordance with Tex. R. App. P. 38.8(b)(2). The trial court's findings and recommendations were received on June 11, 2003. The trial court found that the appellant was not indigent and had not been diligent in prosecuting her appeal. In a previous abatement hearing, the trial court gave appellant thirty days to order the record and retain an attorney to prosecute her appeal. The trial court recommended to this Court that, if appellant failed to comply with this deadline that she be determined to have not exercised due diligence in prosecuting her appeal and that she be deemed to have abandoned her appeal. Appellant failed to comply with this deadline, and there has been no further activity in her appeal. Accordingly, it appears that she has abandoned her appeal.

The Court, having considered the documents on file and the trial court's findings and recommendations and appellant's failure to prosecute her appeal, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed this

the 11^th day of October, 2007.