Ashley Roy v. State

• Court: Court of Appeals of Texas
• Decided: March 15, 2018
• Docket: 13-17-00529-CR
• Status: Published

Opinion

NUMBER 13-17-00529-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ASHLEY ROY, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 105th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Benavides and Longoria Memorandum Opinion by Chief Justice Valdez

Appellant, Ashley Roy, was convicted of burglary of a habitation. On August 24,

2017, appellant filed a notice of appeal by and through her attorney. December 27,

2017, this Court abated the appeal because of counsel’s failure to request and make

arrangements for preparation of the reporter’s record, and directed the trial court to

determine whether appellant desired to prosecute this appeal. On January 22, 2018, the trial court held a hearing. Appellant appeared and

stated that she wants to withdraw her appeal, has made the decision voluntarily, and

understands the consequences of withdrawing her appeal. Accordingly, this case is

hereby REINSTATED. Based upon the supplemental reporter’s record indicating that

appellant does not desire to prosecute her appeal, we conclude that good cause exists

to suspend the operation of Rule 42.2(a) in this case. See TEX. R. APP. P. 2.

Accordingly, we dismiss the appeal.

s/ Rogelio Valdez ROGELIO VALDEZ Chief Justice

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 15th day of March, 2018