Darias Denere Adkins v. the State of Texas

Court of Appeals of Texas

Darias Denere Adkins v. the State of Texas

DecidedAugust 29, 2023

Docket14-23-00596-CR

StatusPublished

This text of Darias Denere Adkins v. the State of Texas (Darias Denere Adkins v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Darias Denere Adkins v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

Motion granted, appeal dismissed, and Memorandum Opinion filed August 29, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00596-CR

DARIAS DENERE ADKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 22-CR-2015

MEMORANDUM OPINION

On July 11, 2023, a notice of appeal was filed with the trial court in this matter. On August 23, 2023, appellant’s counsel filed a motion to withdraw the notice of appeal. The motion reflects that appellant communicated to his counsel that he did not want to pursue this appeal. Moreover, the motion was accompanied by a transcript of a hearing the trial court held on August 3, 2023, which appellant, appellant’s counsel, and counsel for the State attended. During the hearing, appellant repeatedly reaffirmed that he did not want to pursue this appeal.

Appellant has not signed the motion to withdraw the notice of appeal. See Tex. R. App. P. 42.2(a). However, based upon the testimony at the hearing that appellant does not want to pursue this 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 grant the motion and dismiss the appeal.

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).

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Motion granted, appeal dismissed, and Memorandum Opinion filed August 29, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00596-CR

DARIAS DENERE ADKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 22-CR-2015

MEMORANDUM OPINION

On July 11, 2023, a notice of appeal was filed with the trial court in this matter. On August 23, 2023, appellant’s counsel filed a motion to withdraw the notice of appeal. The motion reflects that appellant communicated to his counsel that he did not want to pursue this appeal. Moreover, the motion was accompanied by a transcript of a hearing the trial court held on August 3, 2023, which appellant, appellant’s counsel, and counsel for the State attended. During the hearing, appellant repeatedly reaffirmed that he did not want to pursue this appeal.

Appellant has not signed the motion to withdraw the notice of appeal. See Tex. R. App. P. 42.2(a). However, based upon the testimony at the hearing that appellant does not want to pursue this 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 grant the motion and dismiss the appeal.

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).

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Bluebook (online)

Darias Denere Adkins v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darias-denere-adkins-v-the-state-of-texas-texapp-2023.