Derwin Ray Robinson v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

May 1, 2020

No. 04-19-00590-CR

Derwin Ray ROBINSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR1021 Honorable Frank J. Castro, Judge Presiding

ORDER

On February 24, 2020, we ordered this appeal abated and remanded the matter to the trial court to conduct a hearing to determine: (1) whether appellant desired to prosecute his appeal; (2) whether appellant was indigent; and (3) whether appellate counsel abandoned the appeal. On April 15, 2020, the trial court held a hearing and prepared findings of fact stating appellant did not wish to prosecute his appeal and appellate counsel would be filing a motion to dismiss and withdraw.

Based on the foregoing, we ORDER the abatement lifted and the appellate deadlines reinstated. If appellate counsel seeks to have this appeal voluntarily dismissed as indicated in the findings of fact, she must file a motion that complies with Texas Rule of Appellate Procedure 42.2(a) by May 18, 2020. Otherwise, the appellant’s brief is past due and appellant is ORDERED to file the brief by June 1, 2020.

_____________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of May, 2020.

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Michael A. Cruz, Clerk of Court